M/S KAILASH ROLLER FLOUR MILLS AND ANOTHER Vs. STATE OF BIHAR OTHERS

JUDGEMENT

(1.) This writ petition is directed against an order of assessment dated 5.2. -1983 as contained in Annexure 4 to the writ petition which was made in terms of the provisions of Sec. 27Aof the Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as 'the Act'). By reason of the aforementioned order of the assessment the petitioners have been assessed for a sum of Rs. 2, 98, 674.85 by way of market fee in respect of Ata, Sujji and Maida, for the period 1.4.1981 to 30.2.1981. Although, in the writ petition, many points have been raised for the purpose of showing that the petitioners are not liable to pay the market fee on Ata, Sujji and Maida under the provisions of the aforementioned Act, at the time of hearing of this application Mr. G. C. Bharuka, the Learned Counsel appearing on behalf of the petitioners confined his submission only to the validity of the order of assessment on the ground that the same has been parsed by the Special Officer in his capacity as an administrator along with the Secretary of the Market Committee.

(2.) In this connection he drew my attention to the provisions of Sec. 9 (5) of the Act. By reason of the provisions of the said Act, on the expiry of the term of three years of the Committee if an election is not held within the period of six months thereafter the Committee constituted shall be deemed to be dissolved and its duties and functions shall be performed by such person who is nominated as such by the State Government. On perusal of the order of assessment itself it would appear that the order of assessment has been signed by the Special Officer who was appointed by the State Government in terms of the aforementioned provisions of Sec. 9 (5)of the aforementioned Act along with the Secretary of the Market Committee.

(3.) From a perusal of the aforementioned provisions of Sec. 9 (5) of the Act it would further evident be that the same clearly indicates that the authority nominated by the State of Bihar will exercise all the powers and perform all such duties of the Market Committee under the said Act and the rules framed there, under. The powers of the Market Committee, admittedly are prescribed under Sec. 18of the aforementioned Act. In terms of Sec. 19of the Act, the Market Committee is empowered to appoint amongst its member a sub -committee and is further empowered to delegate such of its powers and duties as it may think fit in favour of such committee.