Judgment 1. The appellant is aggrieved by a part of the order dated 23.10.2002 passed by the learned Single Jingle Judge in C.W.J.C. No. 9834/2002 quashing the impugned order dated 6.8.2002 by which a direction was issued by the Secretary, Agricultural Produce Market Committee, Gopalganj by which the settlement of the Pagra Vijayipur Mushahari Bazar for the period 18.5.2002 to 31.3.2003 was cancelled and ordered the Sub-Divisional Officer-cum-Special officer, Agricultural Produce Market Committee, Gopalganj to conduct the enquiry with regard to the allegations against the appellant and in case the allegations are found against the appellant then the cancellation order will remain in force and he will be entitled to proportionate refund of the money deposited by him and in case the enquiry is decided in favour of the appellant then he will continue to collect the market fee till 31.3.2003. 2. Without going into the background of the matter, the facts necessary for deciding the case are that the settlement auction was held for appointment of Collecting Agent for the said Market Committee and on the second occasion in pursuance of the order passed by this Court the settlement auction was held on 17.5.2002 and the appellant being the highest bidder (as he offered Rs. 1,41,000), his bid was accepted for the period 18.5.2002 to 31.3.2003. The appellant deposited the bid amount and started collecting the market fee. The Secretary passed the impugned order on 6.8.2002 cancelling the licence on the ground that the appellant had engaged musclemen in collecting the market fees etc. The learned Single Judge having noticed that there were no materials before the committee to come to the aforesaid conclusion and the two reports on which reliance was placed before him were of subsequent dates of the passing of the impugned order dated 6.8.2002 and directed for enquiry, as stated above. 3. Admittedly the period for settlement way 18.5.2002 to 31.3.2003 and now the period has already expired. This Court by the interim order dated 28.11.2002 ordered that the appellant shall continue to collect the market fee and ground rent in the said market. Thus from 18.5.2002 to 5.8.2002 and from 28.11.2002 to 31.3.2003 the appellant has made the collection of the fees. This Court by the interim order dated 28.11.2002 ordered that the appellant shall continue to collect the market fee and ground rent in the said market. Thus from 18.5.2002 to 5.8.2002 and from 28.11.2002 to 31.3.2003 the appellant has made the collection of the fees. He was deprived of collection during the period from 6.8.2002 to 27.11.2002 in pursuance of the order of the Secretary, which order has been found not according to law by this Court and accordingly the same has been quashed. In such a situation, we are of the considered view that the appellant is entitled to refund of the proportionate amount deposited for the aforesaid period i.e., 6.8.2002 to 27.11.2002. 4. The Secretary of the Agricultural Produce Market Committee, Gopalganj, Respondent no.4 is directed to make the refund of the aforesaid amount within six weeks from the date of receipt/production of a copy of this order. As the period of settlement is now over, he is also directed to take immediate steps to make the settlement for the subsequent year within six weeks from today. 5. In the result, the appeal is allowed in part and the order of the learned Single Judge is modified to the extent, as indicated above.