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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5675 of 1985.

From the Judgment and Order dated 2.8.1985 of the Cal- cutta High Court in Appeal from Original Order Tender No. 165 of 1985.

S.N. Kaicker. Girish Chandra and Mrs. Sarala Chandra for the Appellants.

Tapas Roy, Parijat Sinha, D.N. Mukherjee, Dalip Sinha and J.K. Das for the Respondents.

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. 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. By the judgment under 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. still in the absence of a rule framed under the Act it had no power to specify a day on which such hat or fair shall be held. 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 consequential or incidental power to specify a day for the holding of such hat or fair.