- (1.) By Court C.W.J.C. No. 2594 of 1999 By the order of learned Single Judge dated 10 th May,1999, following question was referred to the Larger Bench: "Whether the Market Committee can collect market fee through agent or not?"
(2.) It appears that above question was referred in view of the order passed in C.W.J.C No. 4654 of 1995. It was also noticed in order dated 10 th May, 1999 that in Writ Petition, being C.W.J.C. No. 9377 of 1998, the Division Bench has assigned the reason for passing the order for consideration of the Larger Bench, in view of the provision of Section 31 (C) of the Bihar Agriculture Produce Market Act.
(3.) This writ petition has been filed by four traders seeking a mandamus restraining the respondent no. 1 to 3 from collecting market fee upon the item "Khowa" through its collecting agent or otherwise from the petitioners and further for declaration that under the scheme of the Bihar Agricultural Produce Market Act, 1960 and the Rules framed thereunder, the Deoghar Market Committee is not entitled to realise market fee on item "khowa", which the petitioners purchase for the preparation of "Pera" as one of the raw material along with the other materials. However, the question referred for consideration is only as above mentioned. Therefore, argument heard on that above question.;