JUDGMENT : 1. Heard learned counsel for the parties. 2. Section 22 of the Bihar Gram Panchayat Raj Act, 2006 (hereinafter to be referred to as ‘the Act’) delineates the functions of Gram Panchayat, which includes regulation and management of fairs (including cattle fairs)) and festivals (item no. xvii). Chapter IV of the said Act deals with establishment and composition of powers and functions of Panchayat Samiti. Section 47 of the Act, which also falls under Chapter IV, defines functions and powers of Panchayat Samiti which includes regulation of fairs and festivals (item no.18). Despite enactment of the Act, containing provisions, as noted above, the settlement of the cattle fairs was being carried out by the District Magistrates of the concerned districts which was questioned by one Surya Munni Devi by way of a writ application before this Court, registered as CWJC No. 3351 of 2012. This Court disposed of the said writ application by order dated 04.04.2012, which related to Brahmpur Falguni and Vaisakhi Shivratri Cattle Fair with the following observation:- “This Court cannot, at present, hold that the District Magistrate was acting without jurisdiction in not allowing the Panchayat Mukhiya and Member of the Samiti to settle the fare and perform their duties as envisaged in the Act. But it would be incumbent and duty of the Revenue Department and the District Magistrate to ensure that the provisions of the Act in this connection should be followed and to take steps to transfer the market place and fare to the Panchayat, so that it would come within the management of the Members of the Gram Panchayat in future, before the time comes for the next settlement to be made.” 3. The said order passed in the case of Surya Munni Devi (supra) was challenged by way of an appeal under the Letters Patent of this Court, giving rise to LPA No.263 of 2013. During the pendency of the said appeal before the Division Bench, the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, wrote a letter dated 21.01.2013 to the Collector, Buxar, transferring the aforementioned two cattle fairs to Brahmpur Gram Panchayat for the purpose of regulation and management, in compliance of the order of this Court in case of Surya Munni Devi (supra). of Bihar, wrote a letter dated 21.01.2013 to the Collector, Buxar, transferring the aforementioned two cattle fairs to Brahmpur Gram Panchayat for the purpose of regulation and management, in compliance of the order of this Court in case of Surya Munni Devi (supra). When the appeal under the Letters Patent was taken up by this Court, the Division Bench did not feel inclined to go into the question as to whether the settlement could be made by the Gram Panchayat or the State authorities as the same had become academic by then. The Division Bench also observed, while disposing of the appeal, by order dated 28.02.2013, that any settlement of fair whether by the State Government or the Gram Panchayat has to be done in conformity with Article 14 of the Constitution of India by an open advertisement, leading to an open bid, so that the best revenue is made available through the highest bidder. This is noteworthy that the Revenue and Land Reforms Department, Govt. of Bihar, while transferring the management and regulation of the two cattle fairs, as communicated through a letter dated 21.01.2013, addressed to the Collector, Buxar, had imposed certain conditions, including a condition that 20% of the revenue earned by the Gram Panchayat through two cattle fairs, shall be deposited in the government treasury. The concerned Anchal Adhikari was authorized to certify the income of the Gram Panchayat arising out of the said two cattle fairs. It is clear from the language of the said condition that the Gram Panchayat was made to deposit 20% of the income in the government treasury as the said two cattle fairs are held on ‘government land(s)’. This is for the simple reason that it is indicated in the said letter that once the Gram Panchayat relinquishes the government land(s) for holding the cattle fairs, they shall be relieved of the requirement of depositing the 20% of the income in the government treasury. 4. On 14.02.2013, another communication was made by the Principal Secretary of the Revenue and Land Reforms Department, Govt. of Bihar, addressed to the Collector, Buxar, indicating therein that to ensure maximum revenue and transparency in the process of settlement, the settlement of Brahmpur Falguni and Shivratri Cattle Fair shall be done through an open bid in the presence of Anchal Adhikari and the Block Development Officer of the concerned Block. 5. of Bihar, addressed to the Collector, Buxar, indicating therein that to ensure maximum revenue and transparency in the process of settlement, the settlement of Brahmpur Falguni and Shivratri Cattle Fair shall be done through an open bid in the presence of Anchal Adhikari and the Block Development Officer of the concerned Block. 5. Same Surya Munni Devi (supra) had filed another writ application before this Court, giving rise to CWJC No. 3770 of 2013 (Surya Munni Devi Vs. State of Bihar, referred to as Surya Munni Devi (2) for convenience), questioning the validity of the order dated 14.02.2013, issued by the Principal Secretary of Revenue and Land Reforms Department, Govt. of Bihar. The other letter issued by him dated 21.01.2013 was also challenged to the extent that the Gram Panchayat was directed to deposit 20% of the income generated from the fairs in the government treasury. This Court, upon examining various aspects of the matter, including the orders passed in Surya Munni Devi (2), recorded that there was no material to show that the two fairs are held on Sairat land/government land. Having recorded the finding this Court held in Surya Munni Devi (2) that if no part of the two fairs are held on Sairat/government land, the condition imposed in the letter dated 21.01.2013 of depositing 20% of the revenue earned would be an arbitrary condition tantamounting to unreasonable interference with the management/control of the two Melas by the Gram Panchayat. The condition incorporated in the letter dated 21.01.2013 to the extent it related to deposit of 20% of the revenue earned, was directed to remain inoperative, until the State respondents informed the Gram Panchayat about the details of the said land. On the question of condition imposed by the State Government in the letter dated 14.02.2013 for holding two fairs by settlement after inviting public bid/auction, this Court in case of Surya Munni Devi (2) held that the same cannot be considered as unwarranted or unreasonable interference in the functioning of Gram Panchayat or the Panchayat Samiti. However, this Court observed that the condition laid down in the letter dated 14.02.2013 that public auction shall be held in the presence of Anchal Adhikari and the Block Development Officer, both of whom are officials of the State Government, without any role having been assigned to the Gram Panchayat, would amount to taking over the management of the two fairs. After having held so, this court in the case of Surya Munni Devi (2), issued the following direction:- “This Court, thus, is of the considered view that the respondent State Government be directed to constitute a Committee of officials as well as the representative of the Gram Panchayat having an effective say in the matter for the holding of public auction for the two ‘Melas’ which are held within Brahmpur Gram Panchayat if the State respondents insist on open bid/auction for holding of those ‘Melas’. Until then the order dated 14.02.2013 (Annexure-11) shall not be given effect to by the State respondent(s). I order accordingly. How the revenue generated therefrom would be apportioned, if at all necessary, is left to be decided by the appropriate/competent authority of the State Government in accordance with law.” 6. These facts have been taken note of at the outset to appreciate the controversy and the petitioner’s grievance in the present application. 7. This writ petition also relates to the same Brahmpur Falguni and Shivratri Cattle Fairs, which are held at Brahmpur in Buxar district. It transpires from the assertion made in the writ petition that the Gram Panchayat has decided to manage and regulate the two cattle fairs, without settling the same to any private party through a public auction, legality of which is being questioned in this application. It is the case of the petitioner that in the light of the observation made by the Division Bench of this Court in the order dated 28.02.2013 in case of Bharat Bhushan Singh Vs. State of Bihar and others, the Gram Panchayat has an obligation to settle the cattle fairs through public auction and Gram Panchayat cannot take upon itself the function of holding and managing the cattle fairs. 8. Notably, there is no dispute that in the light of the clear observation made by this Court in case of Surya Munni Devi (supra) and in view of the statutory provisions available under sections 22 and 47 of the Act, function of managing and regulating the cattle fairs vests in the Gram Panchayat, and a decision has already been taken in this regard by the State Government, as contained in the letters dated 21.01.2013 and 14.02.2013, which have been taken note of hereinabove. 9. 9. The only question, which has arisen in the present proceeding as to whether the Gram Panchayat is obliged to hold, manage and regulate the cattle fairs only by settlement through a public auction in the presence of the officials, as indicated in the letter dated 14.02.2013 or the Gram Panchayat is free to take upon itself the responsibility of holding the two cattle fairs. 10. This writ application has been filed seeking the following relief(s):- “(i) Issuance of appropriate writ, order or in including a writ in the nature of Mandamus commanding the respondents to manage and regulate the Falguni and Shivratri Cattle Fair through public auction under the supervision of the officials of the Revenue Depot; (ii) Issuance of an appropriate declaration that the function of the Gram Panchayat under Section 22 clause VII is merely to regulate and manage the cattle fair and as such the functionaries of the Panchayat are obliged to function under the control and supervision of the State Government which alone is enjoined upon the duty to generate optimum revenue to be utilized for public welfare; (iii) Issuance of an appropriate writ, order/direction interdicting the respondent Gram Panchayat from exclusively releasing the revenue from the cattle fair and squandering the same at their pleasure and sweet will without any accountability to the Government agencies; (iv) Issuance of an appropriate order/declaration that bid through public auction is imperative both for the revenue authorities or the executive Committee of the Gram Panchayat before any settlement/management regulation of any ensuing cattle fair is to be made; (v) Issuance of an appropriate order/direction holding that fixation of rent on the sale and purchase of any cattle in the ensuing Mela commencing from 2/3rd of March of 2019, if done on their own exclusive initiative, without public auction is arbitrary and illegal;; (vi) Issuance of an appropriate order/direction commanding the respondents to hold public auction of the ensuing Mela with participation of the petitioner and other intending participants. 11. Mr. Kamal Nayan Choubey, learned Senior Counsel, appearing on behalf of the petitioner, has submitted that the petitioner intends to participate in the open bid for settlement of the said two cattle fairs, which are held twice a year. 11. Mr. Kamal Nayan Choubey, learned Senior Counsel, appearing on behalf of the petitioner, has submitted that the petitioner intends to participate in the open bid for settlement of the said two cattle fairs, which are held twice a year. He has placed reliance on the language of Sections 22 and 47 of the Act, to submit that though the Gram Panchayat has the jurisdiction to perform function of regulation and management of fairs, including the cattle fairs, and festivals, such function is subject to the condition, as may be prescribed by the State Government from time to time. With reference to the said expressions used in Sections 22 and 47 of the Act, he has submitted that the State Government of Bihar has laid down the requisite conditions for performance of functions, as indicated under Sections 22 and 47 of the Act, through the letters 21.01.2013 and 14.02.2013, respectively (supra), issued by the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar. Much reliance has been placed by him on the order dated 04.04.2012, passed by the Division Bench of this Court in case of Bharat Bhushan Singh (supra) in order to make out a case that an open advertisement leading to an open bid for settlement of the cattle fairs is the only option available to the Gram Panchayat. According to him, the conditions, which have been laid down in the aforesaid two letters of the Department of Revenue and Land Reforms, Govt. of Bihar are aimed at ensuring transparency in public revenue and generating maximum revenue through the settlement of fairs/cattle fairs through an open bid. 12. In my view, however, the order dated 14.02.2013, in the light of the clear direction made by this Court in the order dated 07.04.2014 in case of Surya Munni Devi (2) cannot be given effect to and, therefore, cannot be treated to be a condition imposed by the State Government, as contemplated under Sections 22 and 47 of the Act. 13. In the above background, the submissions made by Mr. 13. In the above background, the submissions made by Mr. K.N.Choubey, learned Senior Counsel that the function assigned to the Gram Panchayat under Sections 22 and 47 of the Act is subject to the condition laid down in the letter dated 14.02.2013, is not acceptable to this Court for the apparent reason that the effect of the said letter has been ordered by this Court in case of Surya Munni Devi (2) to remain in abeyance. 14. There cannot be any dispute over the fact that in view of the clear language used in Sections 22 and 47 of the Act, the Gram Panchayat can perform such functions, as enumerated in the said provisions, but subject to such condition, as prescribed by the State Government. 15. I do not find any condition prescribed by the State Government, which can be said to be operative, which essentially requires the Gram Panchayat to hold the two cattle fairs only through settlement. 16. The observation made by the Division Bench in case of Bharat Bhushan Singh (supra), in my view, cannot be read to mean that the Gram Panchayat cannot, on its own, manage, organize and hold the two cattle fairs without settling the same to any private party. The observation made by the Division Bench in case of Bharat Bhushan Singh (supra) is only to the effect that any settlement of the fair whether by the State Government or the Gram Panchayat has to be done, the same must be done in conformity with Article 14 of the Constitution, by an open advertisement leading to an open bid, so that the best revenue is made available through the highest bidder. The requirement of conformity with Article 14 of the Constitution of India as indicated in the order of the Division Bench, would apply in case any settlement of fair is done. The function which a Gram Panchayat is required to perform of holding, managing and regulating the cattle fairs can either be done by itself or can be settled with another individual or agency in accordance with law. In case, the Gram Panchayat decides to settle the cattle fairs, it would be imperative to do it through public auction by open advertisement so as to ensure compliance of the equality clause under Article 14 of the Constitution of India. The relief which the petitioner is seeking cannot be allowed. 17. In case, the Gram Panchayat decides to settle the cattle fairs, it would be imperative to do it through public auction by open advertisement so as to ensure compliance of the equality clause under Article 14 of the Constitution of India. The relief which the petitioner is seeking cannot be allowed. 17. I do not find any merit in this writ application, which is accordingly dismissed. 18. There shall be no order as to costs.