M/S. Garibnawaz Fruit Co. & Ors vs Krishi Upaj Mandi, Bikaner & Ors on 1 December, 2009

Rajasthan High Court – Jodhpur

1. CW-1491/09 - ( M /s Garibnawaz Fruit Co.&Ors. Vs. Krishi Upaj Mandi, Bikaner) 2. CW-
1492/09 - ( M /s Garibnawaz Fruit Co.&Ors. Vs. Krishi Upaj Mandi, Bikaner) & 3. CW-1493/09-
(M/s Garibnawaz Fruit Co.&Ors.Vs. Krishi Upaj Mandi, Bikaner)           Judgment dt.01.12.09

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 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR.

                                    JUDGMENT

1. S.B. CIVIL WRIT PETITION NO.1491/2009
(M /s Garibnawaz Fruit Co.&Ors. Vs. Krishi Upaj Mandi,
Bikaner)

2. S.B. CIVIL WRIT PETITION NO.1492/2009
(M /s Garibnawaz Fruit Co.&Ors. Vs. Krishi Upaj Mandi,
Bikaner)

3. S.B. CIVIL WRIT PETITION NO.1493/2009
(M /s Garibnawaz Fruit Co.&Ors. Vs. Krishi Upaj Mandi,
Bikaner)

Date of judgment : 01st December, 2009

PRESENT

HON’BLE DR. JUSTICE VINEET KOTHARI

Mr. N.S. Rathore for S.D. Vyas for the petitioners.

Mr. Manoj Bhandari ) for the respondents.

Mr. Ravi Bhansali )

——-

1. Heard learned counsels.

2. These three writ petitions are directed against the order

dated 5.2.2009 whereby the objections of the petitioners under

Section 47 of C.P.C. were rejected by the learned executing Court.

3. The controversy in hand is about allotment of three shops

by Krishi Upaj Mandi Samiti, Bikaner to the decree holder

1. CW-1491/09 – ( M /s Garibnawaz Fruit Co.&Ors. Vs. Krishi Upaj Mandi, Bikaner) 2. CW-
1492/09 – ( M /s Garibnawaz Fruit Co.&Ors. Vs. Krishi Upaj Mandi, Bikaner) & 3. CW-1493/09-
(M/s Garibnawaz Fruit Co.&Ors.Vs. Krishi Upaj Mandi, Bikaner) Judgment dt.01.12.09

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respondent No.4, who were allotted these shops on the basis of their

merit in select list of the year 1989, since they were not allotted the

shops, they filed civil suit for such allotment which were decreed by

the learned trial court and upheld upto second appeal by this Court

vide judgment dated 18th November, 2008 in S.B. Civil Second

Appeal No.303/2008 – Krishi Upaj Mandi Samiti, Bikaner & Ors. Vs.

Dev Kishan and S.B. Civil Second Appeal No.304/2008 – Krishi

Upaj Mandi Samiti, Bikaner & Ors. Vs. Madan Lal. The objection of

the present petitioners before this Court was only on the basis of

some stay order granted in their favour in writ petition filed by them

namely S.B. Civil Writ Petition NO.2696/1995. On the basis of this

stay order, they objected to the execution of the decree in favour of

the respondent No.4. When the objections were rejected, they

approached this Court by way of present writ petitions.

4. Learned counsel for the respondent Mr. Manoj Bhandari

submits that the said Writ Petition No.2696/1995 – M/s Garibnawaz

Fruit Company & Ors. Vs. The State of Rajasthan & Ors. has since

been decided by this Court on 8.7.2009 in which following Division

Bench decisions in the case of Ved Prakash Ramesh Chandra &

Company Vs. State (D.B. Civil Special Appeal No.401/1996 and

deciding 18 appeals and other writ petitions, on 6th March, 2002, this

Court held that the shops in question could not be allotted by public

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auction.

5. Be that as it may, this ratio of the Division Bench

judgment is not opposed even by the learned counsel for the

respondents, Mr. Manoj Bhandari whose clients have been allotted

these shops on the basis of merit list in the year 1989 and who

succeeded in maintaining the decree in their favour upto this court

while the second appeals as aforesaid filed by the Krishi Upaj Mandi

Samiti were dismissed by this Court.

6. Since the objection of the present petitioners was only on

the basis of stay granted in their favour in the aforesaid Writ Petition

No.2696/1995 – M/s Garibnawaz Fruit Company & Ors. Vs. State of

Rajasthan & Ors. which writ petition has since been decided by this

Court on 8.7.2009 following the aforesaid Division Bench decision,

nothing much survives in present writ petition filed for their objection

as to allotment and decree in favour of the private respondents.

7. It goes without saying that if the present petitioners have

any claim over the shop in question on the basis of select list of the

year 1989 they will be free to approach the Krishi Upaj Mandi Samiti

for ventilating their grievance. In the opinion of this Court, nothing

survives in the present writ petitions at this stage with decision of the

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aforesaid Writ Petition No.2696/1996.

8. Accordingly, these writ petitions are dismissed as having

become infructuous. No order as to costs.

[ DR. VINEET KOTHARI ], J.

item No.15, 16 & 17
babulal/

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