AVINASH & CO. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is aggrieved by order dated 15.5.2008 (P-5) passed by the Chief Administrator, Haryana State Agricultural Marketing Board, Panchkula-respondent No. 2 rejecting the claim of the petitioner-firm to consider it eligible for allotment of plot/shop on preferential basis in the New Vegetable Market, Karnal, on reserved price under category (ii) - Kacha Arhtia. The petitioner-firm has also challenged letter dated 23.1.2008 (P-3) giving detail programme concerning allotment of shops/plots to eligible old licensees of category (ii) Kacha Arhtia in New Vegetable Market, Karnal. A detailed programme has been chalked out leading to the draw of lots on specified dates.

(2.) BRIEF facts of the case are that the petitioner-firm had purchased a double storey shop site No. 44 in Scheme No. 67 Extension of Vegetable Market, Karnal from the Improvement Trust, Karnal-respondent No. 4 being the highest bidder. The sale was confirmed by the Improvement Trust, Karnal-respondent No. 4, vide its Resolution No. 398, dated 22.10.2003. The petitioner-firm had deposited total amount of Rs. 33,01,000/- with interest with the Improvement Trust, Karnal-respondent No. 4. On 6.12.2004, an agreement was executed between the petitioner-firm and the Improvement Trust, Karnal that the petitioner-firm is bound to carry on its business of fruits and vegetables on the aforementioned site.

(3.) FEELING aggrieved the petitioner-firm made a representation on 1.3.2008 under Registered A.D. but no action was taken by the respondents. Thereafter the petitioner-firm filed C.W.P. No. 3715 of 2008 in this Court, which was disposed of on 12.3.2008 with a direction to the respondents to decide the representation made by the petitioner-firm. Accordingly, the Chief Administrator-respondent No. 2 has passed an order on 15.5.2008 (P-5) rejecting the claim made by the petitioner-firm. According to the view expressed by the Chief Administrator in the impugned order, the petitioner- firm did not fulfill the basic condition laid down in Rule 3 of the Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000 (for brevity, 'the 2000 Rules'), which provide for allotment of plots to the old licensees on preferential basis at reserve price. The Chief Administrator has found it as a fact that the petitioner-firm did not obtain licence from the Market Committee, Karnal for transacting business in the Old Vegetable Market, Karnal, whereas Rule 3 mandates that only old licensees with four years duration are eligible for allotment of shop/plot on preferential basis at reserve price. The object of allotment of plot/shop to such licensees, who are actively engaged in the business, is to avoid unnecessary hardship. In the present case, the petitioner-firm has neither raised any construction over the plot/site which it has purchased on 22.10.2003 nor it has obtained licence for carrying on the business activity in the old Vegetable Market, Karnal. The Chief Administrator held that the petitioner-firm cannot be included in the list of those eligible persons who are to be allotted plots on preferential basis at reserved price.