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2003 DIGILAW 1019 (JHR)

Manoj Kumar Gupta v. State of Jharkhand

2003-08-20

SUDHANSU JYOTI MUKHOPADHAYA

body2003
Order In pursuance of Court's order, Mr. Mahadeo Dhan, Sub-Divisional Officer, Sadar, Deoghar is present. A counter affidavit has been filed on behalf of respondent no. 3 justifying the action of the respondents. 2. Learned Advocate General for the State placed reliance on the decision of the Patna High Court in the case of "Baidyanath Dham Prasadi (Chura, Pera, Elaichi dana) Bikreta Sangh vs. State of Bihar & Ors., reported in 2000 (3) PLJR 728 and submitted that the issue has already been decided. The case of the petitioner is covered by the aforesaid decision. 3. In the case of Baidyanath Dham Prasadi (Chura, Pera, Elaichi dana) Bikreta Sangh (supra), the Patna High Court observed and held as follows : "Form a perusal of Annexure-3 it appears that a meeting was held on 6th July, 1999 under the Chairmanship of the Sub-divisional Officer, in which local businessmen and their representatives have attended, and in that meeting prices of those commodities, both in retail and wholesale, have been fixed. It has also stated that the said price fixation will be continued only up to Shravani Mela. It has also stated that the prices as fixed should be displayed strictly and if the said prices are not followed then legal action will •be taken against the concerned traders. XXX XXX XXX Since this matter was heard at the admission stage finally, this Court directed the respondents to file affidavit and produce necessary notification by which the respondents are permitted to fix the prices of the said commodities. Pursuant to such direction affidavits in this case have been filed by the respondents. This Court also after considering the facts of this case added the Deputy Commissioner, Deoghar as respondent no. 3 to this writ petition. In the counter affidavit the stand which has been taken is that under the provisions of the said order concurrence of the Government of India has been obtained, and according to the said order the District Magistrate is competent to exclude or add any articles in Schedule-I or II of the said Order. Accordingly, the articles in question has been added in Schedule-II of the ordl3r vide notification dated 28.6.1999. It has been stated further that the items like Chura, Pera and Elaichidana have between included in Schedule-II of the said Order by the Deputy Commissioner, Deoghar vide his order circulated vide MI3mo no. 1108/ Cont. Accordingly, the articles in question has been added in Schedule-II of the ordl3r vide notification dated 28.6.1999. It has been stated further that the items like Chura, Pera and Elaichidana have between included in Schedule-II of the said Order by the Deputy Commissioner, Deoghar vide his order circulated vide MI3mo no. 1108/ Cont. (S) dated 28.6.1999. It has been further stated that in exrcise of power conferred under Clause-2(A) the said order was notified on 30.4.1986 by the Bihar Government vide notification No. G.S.R.-11 dated 30th April, 1986, and the Commissioner and Hile District Magistrate were, authorize, if it is satisfied that there is any appreh ension of malpractice by the dealer, to add or exclude any item from time to time by general or special order in this regard, from suer Schedule." 4. Counsel for the petitioner submitted that though the first is sue relating to jurisdiction of the case has been decided by the Court but tile second issue relating to fixation of rate has beer determined. 5. Counsel for the Respondent-State pointed that the Para in normal season in sold @ Rs. 80-90 per kilo. During Shravani Me/a, the authority has fixed the rate @ Rs. 80-100/- per kilo. 6. In view of the fact that the issue has already been determined which goes against the prayer made by the petitioner and reasonable rates has been fixed by the respondents in respect to items in question, I am not inclined to grant relief. 7. The appearance of Mr. Mahadeo Dhan, Sub-Divisional Officer, Deoghar is dispensed with. 8. The writ petition is dismissed.