RAM NIWAS AGRAWAL AND SONS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in all these writ petitions, they are being decided by this common order. In all these writ petitions, 'the policy of Krishi Upaj Mandi Samiti, Sriganganagar (hereinafter referred to as the Samiti') for allotment of shops constructed by the Samiti, by 'rent auction' on the instructions of the State, is under challenge. For the purpose of deciding the point in issue, facts and documents are referred from S.B. Civil Writ Petitions No. 2557/95 and 450/96 as the facts are similar in other writ petitions barring minor details, which are not relevant.

(2.) THE State of Rajasthan established Krishi Upaj Mandi Samiti, Sriganganagar, in exercise of the powers conferred Undr Section 6 of the Rajasthan Agriculture Produce Market Act. Order 1961 (hereinafter referred to as 'the Act'). The State Govt. vide notification issued Under Section 5(1) of the Act declared the boundaries of the principal market yard at Sriganganagar for carrying on business for sale and purchase of agriculture produce. By the notification, every trader or commission agent dealing in agriculture produce has to carry on business in the market yard after obtaining licence under the Act. The petitioners are the licence holders under the Act and are carrying on business in the market established by the Samiti.

(3.) IN the year 1992 -93 the Samiti again invited applications for newly constructed shops. At that time, the petitioners and other persons, who applied in the year 1987, were asked to only submit the particulars of their dealings. The petitioners consequently submitted the details of their dealings in the market yard and anxiously waiting for allotment of shops from the Samiti and the Secretary of the Samiti bit no response was given by the Samiti. Some petitioners submitted applications for allotment of shops in pursuance of invitation. While the petitioners were waiting for allotment of shops by the Committee on the basis of the norms laid down, they came across an advertisement dated 7.7.95 issued by the Samiti notifying that 24 big and 35 small shops will be put to auction on rent basis. On enquiry the petitioners came to know that the advertisement had been issued in pursuance of the directions given by the State Govt. and the instructions issued by the Director changing the guidelines issued by respondent no. ,2 for allotment of shops in market yard in the year 1989 and also in 1993. Under the guidelines of 1988 and 1993, the principal criterion for allotment of shops was preparation of merit list on the basis of the standing of trader/broker i.e. the period the licence held, the market fees paid by the broker /trader and the turn over of the year.