S. Chandrashekhar, J. - (1.) SEEKING quashing of order dated 31.07.2014 whereby the bandobasti in favour of the petitioners has been cancelled, the present writ petition has been filed.
(2.) THE brief facts of the case are that, pursuant to advertisement dated 24.05.2014, in the Aam Sabha held on 02.06.2014 a decision was taken to select "Chaynit Samuh" (group) of 11 members for bandobasti of Mangla Haat, Chaibasa. Subsequently, the Agriculture Produce Market Committee issued authorization letter in favour of the petitioners for collection of ground rent and market fee in Mangla Haat for the financial year 2014 -15. The minimum guarantee amount for ground rent was fixed at Rs. 9,58,333.00/ - and market fee at Rs. 1,29,470.00/ - for 10 months. An agreement dated 06.06.2014 was also executed between the petitioners and the Agriculture Produce Market Committee, Chaibasa. The petitioners thereafter, deposited a sum of Rs. 3,00,000/ - and a duly signed money receipt dated 06.06.2014 was also issued in their favour. However, vide letter dated 31.07.2014 the president of the group namely, Sideswar Banra was communicated decision of the Sub -Divisional Officer, Sadar, Chaibasa that on the direction of the Deputy Commissioner, East Singhbhum, the bandobasti for Mangla Haat, Chaibasa has been cancelled on 01.08.2014. A counter -affidavit has been filed on behalf of respondent No. 4 - Agriculture Produce Market Committee stating that the settlement in favour of the Group of Munda of Tonto has been cancelled in compliance of order dated 31.07.2014. The respondent No. 4 has taken a stand justifying the cancellation of settlement and issuance of fresh notice for resettlement.
(3.) A separate counter -affidavit has been filed on behalf of respondent Nos. 2 and 3 stating that one Manoranjan Pathak of Agriculture Produce Market Committee, Chaibasa made serious allegations against the first elected group and recommended for settlement of Mangla Haat in favour of the present group headed by one Shidheshwar Banra. Complaints were received in respect of the above settlement and accordingly, the respondent No. 2 - Deputy Commissioner forwarded the same to the respondent No. 3. An enquiry was conducted by the respondent No. 3 and it was found that the office bearers of the selected group of Munda of Tonto are not residents of village Tonto. It is also stated that the respondent No. 3 found that fraud has been played in settlement of Mangla Haat and therefore, the respondent No. 3 vide letter dated 29.07.2003 cancelled the aforesaid settlement of Mangla Haat. In view of the illegality committed by respondent No. 4, the matter was referred to the Deputy Commissioner who ordered to issue show -cause notice to the respondent No. 4. In pursuance of fresh advertisement issued on 02.08.2014 a fresh "Chaynit Samuh" has been constituted and Mangla Haat has been settled in their favour with effect from 01.08.2014. In this connection authority letter dated 05.08.2014 has been issued and an agreement has been executed on the same day.;