S.J.MUKHOPADHAYA, J. - (1.) THE petitioner is an Association of Builders -Contractors. It has challenged the Office Order No. 215 dated 10th December, 2002 issued by the Managing Director of the Jharkhand State Agriculture Marketing Board, Ranchi (for short - Marketing Board), whereby and whereunder, criteria have been laid down while giving administrative approval for construction of P.C.C. Roads of the Terminal Marketing Yard at Pandara, District - Ranchi. The grievance of the petitioner is that in place of Contractors, it has been decided and ordered to complete the work through the groups of local villagers. Consequential decision taken on 18th December, 2002 allotting the P.C.C. Road Construction works, in question in favour of three groups of local villagers has also been challenged by the petitioner. Ram Narayan Sharma Versus State Of Jharkhand
(2.) BEFORE discussion of the principal question involved in this case, it is necessary to say a few words about the interrelation between the Marketing Board and the Market Committees functioning thereunder. The Marketing Board is a body corporate by the name of Jharkhand State Agricultural Marketing Board perpetual succession and common seal with power to acquire and hold property, both movable and immovable and to lease, sell or otherwise transfer any such property, subject to the prescribed conditions and restrictions, and is competent to do all other things necessary for the purposes for which it is established under section 33B of the Bihar (now Jharkhand) Agricultural Produce Market Act, 1960.For every market area, the State Government, by a Notification, establish a Market Committee under section 6 of the Act, 1960. The Marketing Board has power and function of superintendence and control over the working of the Market Committees and other affairs thereof including programmes undertaken by such Market Committees for the development of Markets and market areas under sub -section (1) (i) of section 33J of Act, 1960. The Marketing Board has also power to supervise and guide the Market Committees in the preparation of plan and estimate of construction programmes undertaken by the Market Committees as per sub -section (2) (ii) of section 33J. The Marketing Board has its own fund generated as per section 33C of Act, 1960. Similarly, there is a separate fund for every Market Committees.
(3.) THERE are separate provisions made for execution of contracts by Market Committees and execution of contracts by Marketing Board. While execution of contracts by the Marketing Board are required to be made as per section 33K, such execution of contracts is required to be entered into by the Market Committee (s) as per section 31 of the Act, 1960, which are quoted hereunder: "33K. Execution and registration of contracts etc. ''Every contracts or assurance of property on behalf of the Board shall be in writing and executed by such authority and in such manner as may be provided by regulations." "31. Execution of contracts. '' (1) Every contract required to be entered into by the Market Committee shall be in writing and signed on behalf of the Market Committee by its Chairman and (Vice -Chairman and Secretary) of the Committee. (2) No contract other than a contract executed as provided in sub -section (1) shall be binding on the Market Committee." ;