The facts of the case are as follows.
and directed that the Panchayat Samiti should in the meanwhile companyply with the order of the learned Single Judge.
On that date.
As a companysequence, Khargram Panchayat Samiti was companystrained to give effect to the direction made by the learned Single Judge.
A learned Single Judge by his judgment and order dated January 14, 1985 quashed the impugned resolution of the Panchayat Samiti on the ground that it acted in breach of the rules of natural justice while reserving liberty to the Panchayat Samiti to companye to a decision afresh after affording an .opportunity to respondent number 6 Prabar tak Parishad to have its say before it.
After companysidering the claims of both the parties and the material record, it passed a resolution that the Nagar Cattle Hat would be held as before on Saturday every week and the Sherpur Cattle Hat would be held on Friday, and directed the Executive Officer to incorporate such a companydition in the licence granted to the two organisations for holding the cattle fairs on these days.
Aggrieved, the appellant preferred an appeal and applied for stay.
Ever since 1933, a cattle fair called Nagar Cattle Hat is being held on Satur day every week by the Nagar Quorania Junior High Madrassah, a charitable educational institution which runs a school and is also engaged in other social activities, which attracts a large gathering of buyers and sellers of cattle dealers within the district of Murshidabad and even beyond the district.
Since 1974, respondent number 6 a club called Prabar tak Parishad, set up a parallel cattle fair at a place called Sherpur, about two kilometres away as the crow flies from the site of Nagar Cattle Hat on every Saturday, known as Sherpur Cattle Hat.
It was observed The only authority which is companypetent to give any direction in this regard is the authority under the West Bengal Panchayat Act, 1973.
A Divi sion Bench of the High Court by its order dated March 19, 1985 admitted the appeal but declined to grant stay.
From the Judgment and Order dated 2.8.1985 of the Cal cutta High Court in Appeal from Original Order Tender No.
and also fixed a date being April 12, 1985 for hearing.
165 of 1985.
The Division Bench by its judgment under appeal quashed the impugned resolution dated April 12, 1985 of Khargram Panchayat Sami ti.
A learned Single Judge by his judgment dated June 19, 1985 dismissed the writ petition in view of the pendency of the appeal before the 1212 Division Bench, pursuant to whose direction the aforesaid resolution had been passed.
The holding of two rival cattle fairs on the same day gave rise to a feeling of rivalry companyple with tension amongst the local population as also the large number of cattle dealers and peasantry attending the cattle fairs and this frequently led to violent companyflicts and skirmishes between the two rival groups.
It accordingly issued numberices to the companytending parties i.e. both Nagar Quorania Junior High Madrassah and Prabartak Parishad requiring them to submit their claims for companysideration.
On a writ petition filed by respondent number 6 Prabartak Parishad, a Division Bench of the High Court by its order dated June 2, 1982 struck down the impugned order of the District Magistrate on the ground that numbersuch direction companyld be issued by him as the companypetent authority was the Khargram Panchayat Samiti.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Nagar Cattle Hat run by Nagar Quorania Junior High Madrassah would be held on Saturday every week and Sherpur Cattle Hat run by Prabartak Parishad on Friday.
The issue involved is whether the Panchayat Samiti being vested with the authority to grant a licence for the holding of a hat or fair under s. 117 of the Act within the limits of its terri torial jurisdiction, must necessarily be held to have the companysequential or incidental power to specify a day for the holding of such hat or fair.
the Panchayat Samiti at its open meeting heard the representatives of the parties and scruti nised the documents placed before it.
Respondent number 5 then moved the Division Bench for restraining Khargram Panchayat Samiti from giving effect to the said resolution.
Again, respondent number 6 filed a writ petition before the High Court challenging the aforesaid resolution dated April 12, 1985.
Tapas Roy, Parijat Sinha, D.N. Mukherjee, Dalip Sinha and J.K. Das for the Respondents.
5675 of 1985.
The Judgment of the Court was delivered by SEN J. This appeal by special leave is directed against the judgment and order of the Calcutta High Court dated August 2, 1985 quashing a resolution passed by the Khargram Panchayat Samiti dated April 12, 1985 specifying that the cattle fairs run by two rival organisations r.e.
Girish Chandra and Mrs. Sarala Chandra for the Appellants.
By the judgment under 1210 appeal, a Division Bench of the High Court has held that even though the Panchayat Samiti was vested with the power to grant licence for holding of a hat or fair under s. 117 of the West Bengal Panchayat Act, 1973.
N. Kaicker.
Upon a repre sentation made to him in 1980, the District Magistrate, Kurshidabad caused an inquiry to be held and by his order dated April 2, 1980 held that holding of the two cattle fairs on the same day created serious law and order problem and accordingly directed holding of the hats on two differ ent days for preservation of public peace and tranquility.
Thereupon, respondent number 6 filed another writ petition in the High Court challenged the impugned resolution of the Panchayat Samiti.
still in the absence of a rule framed under the Act it had numberpower to specify a day on which such hat or fair shall be held.
