LexKHARGRAM PANCHAYAT SAMITY & ANR. versus STATE OF WEST BENGAL & ORS.
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-- KHARGRAM PANCHAYAT SAMITY & ANR. v. STATE OF WEST BENGAL & ORS. APRIL :13, 1987 A [A.P. SEN AND V. BALAKRJSHANA ERADI, JJ.] B West Bengal PanchayatAct, 1973/West Bengal Panchayat (Samiti Administration) Rules, 1984-s. 117/Rules 7, 8 and 9-Power to grant licence for holding a hat/fair includes power to specify a day on which such hat/fair shall lie held. Administrative Law. Local authorities-Conferral of statutory power-Impliedly authorises everything which could fairly and reasonably be regarded as comequential and ifitldetttal to that power. c Ever since 1933, a cattle fair cailed Nagar Cattle Hat is being held D on Saturday every week by the Nagar Quorania Junior High Madras- sah. Since 1974, respondent No. 6, a club called Prabartak Parisbad set up a parallel cattle fair at Sberpur, about two kilometres away from the site of Nagar Cattle Hat on every Saturday, known as Sherpur Cattle Hat. The holding of two rival cattle fairs on the same day gave rise to feeling of rivalry couple with tension and this frequently led to violent E conflicts and ski~mishes between the two rival groups. Upon a representation made to him, the District Magistrate, Murshidabad caused an inquiry to be held, and 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 different days for preservation of public peace and tranquility. On. a writ petition filed by the respondent No. 6 the High Court struck down the order of the District Magistrate on the ground that no such direction could be issued by him as the competent authority was the Khargrar Panchayat Samiti. In compliance with the directions made hy the Court, the Panchayat Samiti passed a resolution that the Nagar Cattle Hat run hy Nagar Quorania Junior High Madrassah would be held on Saturday and the Sherpur Cattle Hat run by Prahartak Parishad would he held on Friday. 1207 F G H 1208 SUPREME COURT REPORTS (1987] 2 S.C.R. A Respondent No. 6 filed another writ petition challenging the said resolution. A Single Judge quashed the 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 come to a · decision afresh after affording an opportunity to respondent No. 6. B The appeal preferred by the Panchayat Samiti was admitted, but the Division Bench declined to grant stay and directed that the Panchayat Samiti should comply with the order of the Single Judge. Consequently, the Panchayat Samiti issued notices to the contending parties requiring them to submit their claims for consideration. The Panchayat Samiti after considering the claims of both parties and the material record, passed a resolution that the Nagar Cattle Hat would be C held on Saturday every week and the Sherpur Cattle Hat would be held on Friday, and directed the Executive Officer to incorporate such a condition in the licence granted to the two organisations for holding the cattle fairs on these days. Again, respondent No. 6 filed a writ petition challenging the reso· D lotion dated April 12, 1985. A Single Judge dismissed the writ petition. Respondent No. 6 then moved the Division Bench for restraining the Panchayat Samiti from giving effect to the said resolution. The Division Bench quashed the resolution dated April 12, 1985 holding that although in terms of s. 117 of the Act, the Panchayat Samiti was vested with the power of granting a licence for the holding of a hat or fair, by E the framing of rr. 7, 8 and 9 of the West Bengal Panchayat (Samiti Administration) Rules, 1984 the power of the Panchayat Samiti is con· fined to making provision for maintenance of sanitation. health and in the market area which is the essence of the power under s. 117, and further that in the absence of a provision in the rules in that behalf it had no power to specify a day on which such hat or fair should be held. F Allowing the Appeal, HELD: 1. The view taken by the High Court that although the Panchayat Samiti was vested with the power to grant a. licence for the holding of a hat or fair under s. 117 of the West Bengal Panchayat Act, 1973, yet it had no consequential or incidental power to specify a day G for holding of such hat or fair, is manifestly erroneous. [ 1213C·Dl 2. The power to grant a licence for the holding of a hat or fair under s. 117 of th
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