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2005 DIGILAW 706 (PAT)

Bhagalpur Fruit Agency v. State of Bihar

2005-08-08

body2005
ORDER Learned counsel appearing on behalf of the petitioners nos. 2, 4 & 5 (in CWJC No. 8226/05) prays for withdrawal of their application as they have already taken steps to file an appeal against the impugned order dated 17.6.2005, passed in Certificate Case Nos. 10, 62, 29 & 65 of 2004-05. 2. The application in relation to petitioner nos. 2, 4 & 5 are permitted to be withdrawn. 3. Learned counsel appearing on behalf of the petitioner nos. 2 to 5, 7, 12 to 14, 17, 19 to 24, 26, 28 and 31 (in CWJC No. 8228/05) prays for withdrawal of their applications as they have already taken steps to file an appeal against the impugned order dated 17.6.2005, passed in Certificate case Nos. 2,3,6,7,12,23,24, 61, 34, 37, 57, 43, 64, 43, 44, 54, 68 & 56 of 2004-05. 4. The applications in relation to petitioner nos.2 to 5, 7,12to 14, 17, 19 to 24, 26, 28 and 31 are permitted to be withdrawn. 5. Petitioners have challenged the order dated 17.6.2005 passed in different certificate cases initiated against them for realisation of the amount due from them - on account of rent due to the Agriculture Produce Market Committee, Bhagalpur as they had taken shops on rent from the said Market Committee. It is said that petitioners have vacated the shop and the Market Committee has initiated the certificate case for realizing of rent due even without there being any provision in the agreement to recover the rent in terms of the provisions of the P.D.A. Act. 6. According to the petitioners, the present proceeding is without jurisdiction as for recovery of arrears of rent, the Market Committee should have filed the money suit before the competent court of civil jurisdiction. 7. On the other hand Sri Ram Balak Mahto, learned Sr. Counsel appearing on behalf of the Market Committee opposed the prayer with reference to Section 43 of the Bihar Agriculture Produce Market Act, 1960 which, inter alia, provides that the Market Committee is empowered to initiate certificate proceeding for realization of sum which is due to the Market Committee under the Market Act. 8. From perusal of the order dated 17.6.2005 it does not appear that the certificate officer has considered the aforesaid submission of the parties and has passed a reasoned order. 8. From perusal of the order dated 17.6.2005 it does not appear that the certificate officer has considered the aforesaid submission of the parties and has passed a reasoned order. Accordingly, order dated 17.6.2005 is set aside with a direction to the petitioner to appear before the certificate officer within a period of one week from the date of receipt/production of a certified copy of this order, requisition for which shall be filed by tomorrow (9.8.05) and the certificate officer thereafter shall not only hear the parties but consider the aforementioned legal aspect of the matter as also any other submissions raised on behalf of the parties and pass a reasoned order discussing the points raised before him and not a bald order rejecting the submissions of the parties without giving reasons there for as has been done now. 9. The writ petitions stand allowed. The matter is remitted back to the certificate officer in regard to the petitioners who have not withdrawn their applications.