M/S. JOSHI IRON STORE Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2017-4-147
HIGH COURT OF RAJASTHAN
Decided on April 04,2017

M/S. Joshi Iron Store Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Mr. Sangeet Lodha, J. - (1.)These writ petitions are directed against the action of the respondent-Krishi Upaj Mandi Samiti ('KUMS') and the Municipal Board, Rawatsar in issuing notice to the petitioners to remove the encroachment made over pids i.e. platforms in front of the shops in Food Grain Mandi run by KUMS.
(2.)The relevant facts are that the proprietor of the petitioner Shri Ram Iron Store, a proprietorship concern ( in writ petition No.3482/11), purchased the shop No.12 in Grain Mandi, Rawatsar from its original allottee Chandanmal by way of a registered sale deed dated 29.3.88. The petitioner is carrying on business of sale of paints, sanitary goods, pipe fitting goods, plastic goods, cement, welding rod, pump set accessories and all types of mechanical parts and diesel engine etc. since 1989 in the said shop. There exists an open space of the size 30'x65' in front of shops in the Grain Mandi commonly known as pid which according to the petitioner is being used by the owners of the respective shops for keeping their goods during the working hours of the shop which is necessary for beneficial use of the shops purchased. The Secretary, KUMS issued a notice dated 15.4.11 directing the petitioner to remove the encroachment made on the pids stating that the same is creating great difficulties for the traders carrying on business of agriculture produce.
(3.)Similarly, the father of the proprietor of the petitioner M/s. Joshi Iron Store Pvt. Ltd., a proprietorship concern (in writ petition no.3692/17), purchased a shop from one Shri Dulichand, who was allotted the said shop in Food Grain Mandi operated by KUMS, Rawatsar, which is also engaged in carrying on business of sale of cement, rods, paints, iron goods, spare parts, iron and steel etc. The proprietor of the petitioner concern has been served with a notice issued by the Executive Officer, Municipal Board, Rawatsar directing him to remove the encroachment made on pids of Food Grain Mandi by putting iron goods, plastic pipes, bazari, grit etc. thereon.


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