HARCHAND SINGH GIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) One Gian Singh carries on business in the firm name and style of the petitioner and as the sole proprietor thereof.

(2.) The petitioner has sought a writ of certiorari to quash an order dated 28.04.2014 passed by respondent No.1, an order dated 30.04.2013 and an order dated 18.10.2011 passed by respondent No.3 whereby its claim for the allotment of a plot/shop site in the New Grain Market on a preferential basis has been rejected. The petitioner has also sought a writ of certiorari to quash a notification dated 17.01.2014 by which an explanation to Rule 3(iii) of the Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999 (hereinafter to be referred to as "the 1999 rules") has been inserted. The petitioner has sought a consequential order directing the respondents to allot in his favour a shop in the New Grain Market. The petitioner claims to be entitled to a plot/shop in the New Grain Market on the basis of his having been a licensee in the old grain market.

(3.) The case in brief is this. The petitioner was a licensee in the old grain market, which was de -notified. He also carried on his business from a notified sub -yard. Upon de -notification of the principal market yard, the petitioner claims to be entitled, under a policy of the State of Punjab, to be allotted premises in the New Grain Market. One of the conditions of eligibility for allotment of premises in the New Grain Market was that the licensee should have transacted business of sale and purchase of agricultural produce for an amount not less than Rs.5 lacs per annum during the last three years. The petitioner would be eligible only if his business in the de -notified principal market yard is clubbed with the business transacted at the notified sub -yard. The respondents, however, contend that such clubbing is not permissible while determining the volume of business transacted by the licensee.