APARESH KUMAR SINGH, J. - (1.) HEARD Learned Counsel for the parties. The petitioner is aggrieved by the demand notice as contained in letter no. 527 dated 11.11.2006 issued under the signature of the Secretary, Agriculture Produce Market Committee, Barharwa, P.O. & P.S. - Rajmahal, District -Sahibganj whereby the petitioner has been asked to pay a sum of Rs. 1,34,594/ - in lieu of installment in view of the minimum guarantee licence fee as the petitioner has been appointed for collecting the market rent for the financial year 2006 -07 in respect of the market area falling under Barharwa, Sahibganj.
(2.) Learned Counsel for the petitioner, by referring to Annexure -1, submits that for six haats in the market area the petitioner was granted licence to collect market fee in respect of the market area falling under the Barharwa, Sahibganj. However, Learned Counsel for the petitioner submits that after grant of the licence to collect market fee to the petitioner, other persons have also been allowed to collect market fee in the same area and collection of market fee has been made by the other persons as is evident from the receipt of Azad Hind Cattle Market as annexed as Annexure -5 to the writ petition.
(3.) LEARNED Counsel for the petitioner submits that petitioner had made representation from time to time requesting the respondent authorities to proportionally reduce the licence fee originally settled for that area with the petitioner as other persons have also been granted licence to collect the market fee within the same area overlapping the area where the petitioner has been granted licence. According to the petitioner, other persons have been granted licence to collect market fee and have been collecting the market fee within the same area and therefore, petitioner has faced difficulty in collecting the market fee over the entire area due to such overlapping. It is further submitted that representation of the petitioner has not been properly considered before issuance of the impugned letter under the signature of the Secretary, Agriculture Produce Market Committee, Barharwa, Sahibganj contained at Annexure -8.;