RAMKARAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioners before this Court have filed this present petition being aggrieved by the resolution dated 16.3.2013 passed by the Krishi Upaj Mandi Samiti, Jaora, District Ratlam, by which a decision has been taken in respect of certain agricultural produce to be sold and purchased at market yard at village Araniya Peetha.

(2.) PETITIONERS ' contention is that they are registered as traders under the provisions of Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter referred as 'the Act of 1972') and under the Krishi Upaj Mandi Samiti, Jaora there are four Up - mandies (Sub -market Yards) Baravada, Piploda, Ringnod and Kalukheda. Petitioners have further stated that market yard of Krishi Upaj Mandi Samiti Jaora is having an area of about 16 acres of land consists of Office, weigh bridge, Godowns etc. and is known as ''Kailash Nath Katju Mandi Samiti ''. A sum of Rs. four crores were spent for providing a infrastructure. It is also been stated that notification was issued in exercise of powers conferred under section 5(2) (a) of the Act of 1972 and the same was published on 14.7.1998, by which the State Government has declared an area of 43.197 hectare of village Araniya Peetha and village Rozana of Tehsil Jaora, District Ratlam included for establishment of Krishi Upaj Mandi Samiti, Jaora.

(3.) PETITIONERS ' contention is that respondents are now shifting the Krishi Upaj Mandi Samiti Jaora to village Araniya Peetha and the same is contrary to the statutory provisions as contained under the Act of 1972.