SINGLA FRUIT COMPANY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who is a licensee under Category-II specified under Punjab Agricultural Marketing Produce Act, 1961, challenges the rejection of a claim for allotment for a plot at a reserve price in the new Sabzi Mandi at Pehowa, District Kurukshetra, Haryana. A preferential right to allotment at a reserve price is contemplated under the Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000. The relevant Rule 3 details the procedure for conducting auction and for allotment of plots in the new market. The petitioner claims status as a displaced licensee and claimed a right of participation in the auction that was originally held on 25.07.2007. Rule 3(1)(iv) further stipulates a condition that such a licensee must have paid market fee at least Rs.5000/- annually for the last two years, provided that in the case of such category, who had been allotted shop in the old market, if he himself had not paid market fee, his annual turnover during the last two years should be at least Rs.2,50,000/-. The contention of the petitioner is that he has been a licensee since 28.06.2005 and on the date of the auction on 25.07.2007, he had been a licensee for two yeas and more but although the market fee that he had paid was less than Rs.5,000/- annually for the relevant period of two years, he should still merit consideration on the basis that his annual turn over during the last two years was more than Rs.2,50,000/-.

(2.) Rule (1) (iv) reads thus:

(3.) In my view the contention of the learned counsel appearing for the respondent merits acceptance and the proviso must be read only as referring to a situation when there was no obligation to pay the market fee personally and when only a purchaser could have paid the fee. The person who was liable to pay the market fee directly but whose aggregate payment did not exceed Rs.5,000/- in the last two years could not rely on the turover as a relevant consideration. The rejection of the demand for participation and an offer at the reserve prive at the first auction held on 25.07.2007 was under the circumstances justified.