LAWS(P&H)-2021-4-62

GAURAV FRUIT COMPANY Vs. STATE OF HARYANA

Decided On April 19, 2021
Gaurav Fruit Company Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This is an application under Section 151 of CPC for placing on record Annexure P-5, which is an order dated 15.12.2020 passed by Chief Administrator, Haryana State Agricultural Marketing Board, Panchkula.

(2.) Learned counsel for the petitioner has argued that respondent No. 1 has wrongly overturned the well reasoned findings given by the authorities below who had categorically held that the petitioner firm was holding a Category II Licence and operating for the last more than 14 years and therefore is entitled for allotment. It is further submitted that Rule 3(l)(vi) has wrongly been applied in the instant case as the firm of petitioner is operating since 1996 whereas the Rules have come into existence in the year 2000. To support his arguments, the counsel has relied upon judgment passed by Division Bench of this Court in CWP No. 8345 of 2010, titled "M/s Kishori Lal Suresh Kumar Versus Chief Administrator Haryana State Agricultural Marketing Board and others" decided on 19.01.2012; Division Bench judgment of this Court in "Haryana State Agriculture Marketing Board, Panchkula Versus Bharat Bhushan Aggarwa V 1998(2) PLR 824; and a Single Bench judgment of this Court in CWP No. 7494 of 1997, titled "M/s Singla Trading Company Versus Haryana State Agricultural Marketing Board and another" decided on 20.03.2009. Hence, prayer has been made for allowing the writ petition.

(3.) We have heard learned counsel for the petitioner at length and have scrutinized the paper book.