LAWS(P&H)-2017-1-347

VISHAL ENTERPRISES Vs. STATE OF HARYANA & ORS.

Decided On January 20, 2017
VISHAL ENTERPRISES Appellant
V/S
State Of Haryana And Ors. Respondents

JUDGEMENT

(1.) In this Writ Petition, the petitioner seeks quashing of the impugned orders dated 8.8.2008 passed by Respondent No.2-Chief Administrator; 2.6.2010 passed by the Financial Commissioner & Principal Secretary to Government of Haryana, and 17.3.2016 passed by the Additional Chief Secretary, Agriculture Department, Haryana (Respondent No.1) with a direction upon the Respondents to allot a shop/plot in the New Grain Market, Safidon, District Jind, in terms of certain decisions of Supreme Court, along with a further direction on them to consider the petitioner's claim for allotment of plot under the Old Licensee of Category (ii) as the similarly situated licensees have been granted.

(2.) The Petitioner/Firm originally held license for Shop No.165, Old Anaj Mandi, Safidon, but failed to deposit the Rent Agreement/Lease Deed of the said shop to Respondent No.3 on demand. Later on after the proprietor's father partitioned his movable and immovable properties vide Partition Deed, the ground floor of Shop No.66, Anaj Mandi, Safidon was given to the proprietor's elder brother Venktash Mittal, who ran another proprietorship firm under the name and style of M/s Venktash Lalit Kumar, while first floor of the said shop fell into the share of petitioner firm. The petitioner firm subsequently claimed to have obtained license for working on the first floor, which was granted to it with effect from 15.1997.

(3.) In the year 2002, the Respondent No.2 invited applications from old licensees for allotment of shops in the New Grain Market. The petitioner along with other similarly situated persons submitted their application forms. But the petitioner's case was rejected on the ground that the Firm was not having any independent premises.