S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition was preferred by petitioners against the notice contained in Memo No. 1667, Ranchi dated 19th March, 2002 issued by 5th respondent, Secretary, Jharkhand State Agriculture Produce Market Committee, Ranchi (Market Committee for short) in respect to collection of market fee/rent. By the impugned notice, it was notified that the hat bazar (Market)/Pashu Meld (animal fair) will be settled for collection of market fee/rent as per Clause -I of the notice aforesaid.
(2.) THE case of petitioners is that the petitioner No. 1, Ganesh Sahu is a collecting agent of Itki Hat and station for the period from 1.4.2001 to 31.3.2002, petitioner No. 2, is the market collecting agent of Bero hat for the period from 1.4.2001 to 31.3.2002, petitioner No. 3 is market collecting agent of Mandor Mission hat and petitioner No. 4 is market collecting agent of Chanho hat The hats (market) aforesaid used to be settled for collection of market fee/ground rent by open auction and petitioners having competed, were granted permit to collect market fee/ground rent of earlier period. It is alleged that as per the condition laid down in the notice dated 19th March, 2002, the petitioners will be deprived from collecting market fee/ground rent for the year 2002 -03 as no Gram Sabha can be held as per Clause 1 of the notice. One of the arguments advanced on behalf of petitioners was that by impugned public notice dated 19th March, 2002, the respondents made reservation in favour of one or other class of persons for being appointed as market fee collecting agent though it is not permissible under the law.
(3.) MR . Bajla, counsel for the Market ing Board and Mr. V.P. Singh, counsel for the Market Committee took plea that the impugned notice does not amount to any reservation in favour of any one or other class of persons.;