CW-2099/08-M/s Harish Brothers Vs. Krishi Upaj Mandi Samiti,Udaipur & Ors. & 9 Other
connected writ petitions. Judgment dt.10.12.2009
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
JUDGMENT
1. S.B. CIVIL WRIT PETITION NO.2099/2008
M/s Harish Brothers Vs. Krishi Upaj Mandi Samiti,Udaipur & Ors.
2. S.B. CIVIL WRIT PETITION NO.7766/2007
Bhanwar Lal Vs State of Rajasthan & Ors.
3. S.B. CIVIL WRIT PETITION NO.7786/2007
M/s Narendra Trading Co. Vs State of Rajasthan & Ors.
4. S.B. CIVIL WRIT PETITION NO.7787/2007
M/s Jain Agarwal Trading Co. Vs State of Rajasthan & Ors.
5. S.B. CIVIL WRIT PETITION NO.7788/2007
M/s Mohan Thok Bhandar Vs State of Rajasthan & Ors.
6. S.B. CIVIL WRIT PETITION NO.7789/2007
M/s Nanak Ram & Brothers Vs State of Rajasthan & Ors.
7. S.B. CIVIL WRIT PETITION NO.7790/2007
M/s Mahesh Traders Vs State of Rajasthan & Ors.
8. S.B. CIVIL WRIT PETITION NO.7791/2007
M/s Sadu Ram Sannoo Mal Vs State of Rajasthan & Ors.
9. S.B. CIVIL WRIT PETITION NO.7792/2007
Om Prakash Vs State of Rajasthan & Ors.
10. S.B. CIVIL WRIT PETITION NO.7793/2007
M/s Kametiwala & Co. Vs State of Rajasthan & Ors.
Date of order : 10th December, 2009
PRESENT
HON'BLE DR. JUSTICE VINEET KOTHARI
Mr. M.C. Bhoot ) for the petitioners
Dr. Sachin Acharya)
Mr. R.S. Saluja for the respondents.
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CW-2099/08-M/s Harish Brothers Vs. Krishi Upaj Mandi Samiti,Udaipur & Ors. & 9 Other
connected writ petitions. Judgment dt.10.12.2009
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1. In this batch of matters, the learned counsel for the
respondent – Krishi Upaj Mandi Samiti, Udaipur Mr. R.S. Saluja
submits that with the affidavit of respondent Samiti, Secretary, Ram
Singh Shishodia filed in this Court on 14.9.2009, they have produced
a copy of Immovable Property Allotment Policy, 2005 effective from
25.4.2005 under which the respondent KUMS can consider the
application of the licence holders for allotment for a period of 49
years of the shop / godowns in question belonging to the respondent
Krishi Upaj Mandi Samiti, Udaipur. He submits that all the
petitioners before this Court have applied to the respondent – Krishi
Upaj Mandi Samiti, Udaipur for such allotment of shops / godowns
on lease basis and such applications can be considered in accordance
with the aforesaid Policy of 2005.
2. Learned counsel for the petitioner Mr. M.C. Bhoot does
not dispute this position and submits that a time frame may be given
to the respondents to consider such applications filed by the
petitioners so that such consideration can take place within the
stipulated time frame and also a liberty may be given to the
petitioners to approach this Court again, if they have any grievance
against such process of allotment / lease under the aforesaid 2005
Policy.
3. Learned counsel for the respondent-KUMS, Udaipur also
CW-2099/08-M/s Harish Brothers Vs. Krishi Upaj Mandi Samiti,Udaipur & Ors. & 9 Other
connected writ petitions. Judgment dt.10.12.2009
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submits that four petitioners namely (1) M/s Pandwas Brothers, (2)
M/s Nanakram & Brothers, (3) M/s Mohan Thok Bazar and (4) M/s
Mahesh Traders have two godowns each whereas as per the Policy
they can be allotted only one godown.
4. Learned counsel for the petitioners is not in position to
controvert this statement at this stage.
5. Accordingly all these writ petitions are disposed of with
direction to the respondent – Krishi Upaj Mandi Samiti, Udaipur to
decide such applications filed by the present petitioners for
allotment / grant of lease of the shops / godowns under the aforesaid
2005 Policy in accordance with law within a period of six months
from today i.e. on or before 30.6.2010.
6. If the petitioners have any grievance against such
allotment / grant of lease, they would be at liberty to approach this
Court by way of fresh writ petition raising their grievance.
7. With these observations, these writ petition are disposed
of. No order as to costs.
[ DR. VINEET KOTHARI ], J.
item No.9 to 18
babulal/