- (1.) One of the interesting questions raised by the petitioners in this writ application is as to whether Marketing Board constituted under the Bihar Agricultural Produce Market Act, 1962 or the Rules made thereunder has jurisdiction to unilaterally enhance and/or fix the rent of the shops situated in the market area and in occupation of the petitioners as lessee or licensee.
(2.) The relevant facts necessary to decide the question are summarised as under :
(3.) Petitioners'case is that they were allotted shops in their occupation in Jharia Rajground Sabji Sub-Market Yard at Jharia in the year 1986 being shop Nos. 1, 2, 3, 4, 7A, 8A, 9, 10C, 14, 15, 16 and 17. It is stated that at the time of allotment of shops to the petitioner, no agreement to that effect was executed between the parties and the petitioners were paying rent to the concerned respondent according to the size of the respective shops which varied from Rs. 50.00 to Rs. 185.00. In 1992, a resolution was passed on 26-2-92 by the respondents whereby they started realising rent from the petitioners. In the year 1999 by resolution dated 17-7-99 the respondents took a decision to impose rent at the rate of Rs. 1.25 paise per sq. ft. from 1-1-1990 per month and 1-2-1997 at Rs. 2.00 per Sq. ft. per month. The respondent-Marketing Board divided the different towns into four classes, namely. A class, B Class, C class and D class for fixation of separate rent of the shops situated in the Market yard or sub-yard under the Market Board, So far shops in question are concerned it comes under "A" class and therefore rent was fixed at Rs. 1,25 paise per sq. ft. per month. In the year 1998 the Managing Director of the Marketing Committee by letter dated 5-2-98 enhanced the rent from Rs. 1.25 paise to Rs. 4.00 per sq. ft. per month. However, the respondents reconsidered the decision and issued letter dated 29-1-99 reducing the rent from Rs. 4.00 to Rs. 2.00 per sq. per month. It appears that again respondent-Marketing Committee enhanced the rent at Rs. 1.25 paise per sq. ft. per month for B'class shops. On the basis of that resolution and decision taken by the respondents including Marketing Board, the impugned demand letters were issued calling upon the petitioners to deposit the arrears of rent as well as current rent at the rate of Rs. 2.00 per sq. ft. per month.;