AGRAWAL TRADING COMPANY Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal under Section 2(1) of the M.P. Uchcha Nyalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 against the order dated 4.11.2006 passed by learned writ court whereby the writ petition of the appellant has been dismissed.

(2.) No exhaustive statements of fact are required to be narrated for the purposes of disposal of this appeal since they are elaborately mentioned by the learned writ court in its order from para 1 to 4. The only point which is to be decided in this appeal is whether the Officer-in-charge of the Krishi Upaj Mandi, sent the proposal to allot the land in question in favour of the writ petitioner/ appellant or the Chairman of the Krishi Upaj Mandi Samiti had sent it to the Director, Mandi to accept the proposal for allotment of the land to the appellant by way of sale.

(3.) The position of law is well settled. If valid elected body of the Krishi Upaj Mandi is in existence, there should be a resolution of the said elected body of the Mandi. It is equally true, if the said elected body is superseded then the proposal is to be made by Officer-in-charge in terms to Section 56(3) of the M.P. Krishi Upaj Mandi Adhiniyam, 1972 (in short "the Adhiniyam"). The foundation stone of the case is the letter dated 2.6.1991 (Annexure R2-5) which was sent by the Chairman, Krishi Upaj Mandi Samiti, Morena to the Commissioner/Director, Mandi to accord sanction for allotment of the land to the appellant at the rate of Rs.15.70 paise per square feet by way of sale. Undisputedly, on this date the elected body was in existence and therefore, according to us there should be a resolution of the Krishi Upaj Mandi Samiti for the said sale in favour of the appellant, which is admittedly lacking in the present case. According to us, the Chairman of the Krishi Upaj Mandi Samiti in his personal capacity was not having any locus standi asking the Director, Mandi to accord its permission for the allotment of impugned plot in favour of the appellant.