- (1.) By this common judgment, we propose to dispose of all the connected Appeals which arise out of the judgments delivered by the learned Single Benches in identical connected writ applications. Actually, two sets of judgments were delivered by the learned Single Judges in separate, but two identical and connected sets of writ applications. Whereas, Justice Eqbal, the learned Single Judge in C.W.J.C. 3602/2000(R) vide his judgment dated 7th August, 2001 (see 2001 (3) JCR 238), has, even while upholding the authority, right and jurisdiction of the Marketing Board and the Marketing Committee to levy and demand 'occupation charges' from the traders for occupying the shops, godowns etc. allotted to them and under their occupation, held that there is no specific provision which permits these authorities to enhance the rent or licence fee and even if this enhancement may have to be resorted to the same has to be on the basis of the observance of principles of natural justice and after affording opportunity of hearing to them. Since, according to the learned Single Judge, this was not done in the present case, he set aside the enhancement orders which were impugned before him and issued a mandamus directing the Marketing Board and the Marketing Committee to take a fresh decision in the matter of enhancement of the rent of the shops after giving a reasonable opportunity of hearing to the occupiers. This is one set of the judgments under challenge in these Appeals. These Appeals are naturally filed by the Agricultural Produce Marketing Committee. The other set of judgments is by Justice Mukhopadhaya in C.W.J.C. No. 3190/1998(R) (see 2002 (1) JCR 21) and other related writ applications whereby he vide judgment dated 26th November, 2001. has unequivocally and clearly upheld the right of the Marketing Committees and the Marketing Board to charge rent from the occupiers and also to enhance the same from lime to time. By thus upholding these twin rights unequivocally, he has dismissed the writ applications. Obviously and naturally, the appeals against such set of judgments have been filed by the occupiers of the shops. In the first set, the shop-occupiers have filed cross objections in the Appeal of the Agricultural Produce Marketing Committees, aggrieved as they appeared, against that part of Justice Eqbal's judgment in which he upheld the right of the Committees and the Board to charge the rent/occupation charges from the occupiers.
(2.) Bihar Agricultural Produce Markets Act. 1960 ('Act' for short) was enacted to provide for the better regulation of buying and selling of Agricultural Produce and the Establishment of Markets for Agricultural Produce and for matters connected therewith. Section 2(1)(a) of the Act defines 'Agricultural produce' to mean all produce whether processed or non-processed, manufactured or not, of Agriculture. Horticulture, Plantation, etc. and includes livestock or poultry as specified in the Schedule. Section 3 of the Act empowers the State Government to regulate the sale, purchase, storage and processing in any area or areas as may be specified by it in a Notification issued by the State Government declaring its intention of so regulating the sale, purchase, storage or processing of any such agricultural produce. What Section 3 therefore, suggests is that the State Government may by Notification both regulate the sale and purchase of agricultural produce and also prescribe such areas in which such regulatory mechanism would come into force. Section 4 of the Act empowers and authorises the State Government to declare the area specified in the Notification under Section 3 as a "Market Area" for the purposes of the Act with respect to any or all kinds of agricultural produce which may be specified in the Notification issued under Section 3. Section 5 of the Act lays down that for each Market Area, there would be one Principal Market Yard and one or more Sub-market Yards as may be necessary. Section 6 empowers the State Government to establish Market Committees for every Market Area.
(3.) Section 33-A deals with the issue of establishment of a Marketing Board for the purposes of exercising superintendence and control over the Market Committees and for exercising such other powers and performing such functions as are conferred or entrusted under the Act by Notification in the Official Gazette. The Marketing Board constituted under Section 33-A of the Act, as per Section 33-B. would be a Body Corporate having perpetual succession and a common seal etc.;