FIRM NITIN KUMAR Vs. KRISHI UPAJ MANDI SAMITI

JUDGEMENT

(1.) This order shall also govern disposal of W.P.No.7702/2109, W.P.No.7862/2019 & W.P.No.7925/2019 as the facts, grounds and issues involved in all these petitions are identical in nature.

(2.) Petitioner is a proprietorship firm owned by Nitin Kumar s/o Bholasingh Bhatkariye engaged in the business of sale and purchase of agricultural produce within the premises of Krishi Upaj Mandi Samiti, Indore. The respondent No.1 is a body corporate under the provisions of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter referred to as 'the Mandi Adhiniyam'). The respondent No.2 being the Managing Director of the M.P State Agriculture Marketing Board is the appellate authority and the respondent No.4 is the revisional authority under the Mandi Adhiniyam.

(3.) The allotment of shops, land, structure etc. within the Mandi premises is governed under the provisions of the M.P Krishi Upaj Mandi (Allotment of Land, Shop & Structure) Rules, 2009 (hereinafter referred to as 'the Rules of 2009). As per rule 3 sub rule (4) of the Rules of 2009 no persons shall be allotted more than one plot or structure. Rule 4 provides for reservation of plots and structures to the extent of 10% for Scheduled Caste & Scheduled Tribe & OBC. Rule 8 provides for constitution of auction committee for the purpose of allotment by way of auction. Rule 10(6) provides for third auction if the market committee does not accept the bid/offer received in the first and second attempt. In the present case, the auction committee was constituted comprising Someshwar Patel, as Chairman, Mahendra Singh Chouhan, Joint Director, O.P Malviya, Assistant Engineer and R.S.Mandloi, Dy.Collector (Secretary, Krishi Upaj Mandi Samiti, Indore).