JUDGEMENT
NARENDRA NATH TIWARI, J. -
(1.) IN this writ petition, the petitioners have prayed for quashing the advertisement notice issued by the Respondent - Marketing Board (Annexure -12), inviting open bid auction for settlement of various Hats/Bazars for collecting market fee, which included Bero Bazar. It has been claimed that the notice with respect to settlement of Bero Hat/Bazar is arbitrary and illegal in view of Letter No. 206 dated 8th March, 2007 (Annexure -8) as the petitioners are entitled for extension of their settlement for another two terms of the financial years 2007 -08 and 2008 -09, similarly, like Itki, Itki Station, Mander, Kurgi and Chutupalu hats. Petitioners have also prayed for direction on the respondents to consider and pass appropriate order on their representations for extension of period of settlement of Bero Bazar for further two financial years till 2008 -09.
(2.) DURING the pendency of the writ petition, the settlement of the Market, in question, was made in favour of the private persons. The said fact was brought to the notice of this Court and prayer was made for impleading the settlees as respondents and for quashing the settlement made in their favour, which was allowed.
According to the petitioners, their raiyati lands are being used for holding Bero Hat/Bazar by the Marketing Board. They are displaced raiyats and are entitled to get settlement for collection of market fees. The petitioners claimed themselves as displaced and without any livelihood and had represented before the Marketing Board, requesting them to make settlement and grant licence for collection of market fees of the said Hat.
(3.) A group of persons was allowed to collect market fees for the financial year 2004 -05 at the minimum guarantee of Rs. 8,50,000/ - (rupees eight lacs fifty thousand) and the period was extended up to 2005 -06.;
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