NOHAR CHANDAMRIT LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of a bunch of 11 petitions because common question of law and facts are involved therein.

(2.) THE Petitioners have approached this Court by filing these petitions and under Article 226 of the Constitution with a prayer for declaring Rule 3(a), proviso and Rule 3(b)(iii) as well as Rule 3(d)(v) including its proviso as amended by the Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) (First Amendment) Rules, 2008 (for brevity, 'the 2008 Rules') as well as Rule 3(iii) and (iv) of the Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999 (for brevity, 'the 1999 Rules') claiming that these rules are patently against the law laid down by Hon'ble the Supreme Court in the case of Labha Ram and Sons v. State of Punjab : (1998) 5 S.C.C. 207. The Petitioners have further sought issuance of direction to the Respondents to allot plots to all the existing licencees on preferential basis by charging 5% above the reserve price and to consider their applications for allotment of plot.

(3.) THE grievance of the Petitioners is that though they are licenced dealers but their claims were not considered because they did not fulfill various conditions laid down in the 1999 as amended by 2008 Rules concerning allotment of plots/shops in new Grain Markets. It is conceded position that the Petitioners in this bunch of petitions do not fulfill the basic two conditions for allotment of plots/shops in the new grain markets. Firstly, some of them do not possess a valid licence for a period of three years whereas the other ones have not transacted the business worth Rs. 5 lacs or above per annum during the last three years preceding the date of advertisement, even though they are paying sales tax/income tax and also submitting returns in Form -M to the concerned Market Committees. The Petitioners have also questioned reservation of only 50% plots for the old licencees whereas remaining 50% would be sold through open auction. It has been asserted that the Respondents are required to rehabilitate all the existing licencees by allotting plots/ shops to them in the new grain markets because they enjoy all the rights available under the provisions of the 1961 Act. In that regard, reliance has been heavily placed on the judgment of Hon'ble the Supreme Court rendered in the case of M/s Labha Ram and sons (supra).