- (1.) Whether the land belonging to the Agriculture Produce Market Committee, adjoining the Agriculture Market Yard, can be used and leased out for non-agricultural business is the point needs to be answered in this writ petition?
(2.) The brief facts, giving rise to the said controversy between the traders of the Market Yard, Garhwa and the Agriculture Produce Market Committee, Garhwa (hereinafter to be referred as the 'Market Committee') are as follows : - (i) The Market Committee decided to construct 60 shops, facing road side of the Market Yard, Garhwa, to be allotted to the beneficiaries under the Self Finance Scheme for non-agriculture trade. The members of the petitioner, who have got their shops in the Market Yard, Garhwa for business of agriculture produce raised objection by filing their representation before the authorities of the Market Committee and other concerned authorities. (ii) The Managing Director, Jharkhand State Agriculture Produce Marketing Board, Ranchi by its Memo No. 95 dated 28th January, 2006 stayed the construction of the said shops and directed the Market Committee to consider the representation of the petitioner and take a decision afresh. (iii) By Resolution No, 5 dated 6th July, 2007, the Market Committee revised the earlier decision and decided to construct 106 shops under the said scheme and allotted the same to the persons for business of non- agriculture produce. It is relevant to mention that the points raised in the petitioner's representation were not considered. (iv) The Market Committee partially modified its earlier decision by resolution dated 10th December, 2007, stating that the shops will be constructed parallel to Majhiaon Road. The same was circulated by Letter No. 991 dated 10th December, 2007. (v) The said resolution was, thereafter, sent to the Managing Director, Jharkhand State Agriculture Produce Marketing Board, Ranchi for concurrence, who also approved the said decision by his order dated 28th December, 2007.
(3.) The petitioner has sought to challenge the said resolutions of the Market Committee dated 6th July, 2007 and 10th December, 2007 as also the order of the Managing Director, Jharkhand State Agriculture Produce Marketing Board dated 28th December, 2007 in this writ petition.;