RAMA FRUIT COMPANY Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of C.W.P. Nos. 9396, 9397, 9399 and 9403 of 2009 as common facts and questions of law are involved. In these petitions filed under Article 226 of the Constitution challenge is made to the common order dated 17.4.2009 (except in CWP No. 9403 of 2009) passed by the Chief Administrator, Haryana State Agricultural Marketing Board (for brevity, 'the Board') rejecting the claim of the petitioner(s) for allotment of plots in the New Fruit and Vegetable Market, Pehowa. The petitioner(s) have also challenged vires of clause (iii) of sub-rule (1) of Rule 3 of the Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000 (for brevity, 'the Rules').

(2.) BRIEF facts of the case are that the petitioner(s) are Commission Agents carrying on their business of sale and purchase of fruits and vegetables in the Subzi Mandi (Vegetable Market), Pehowa, District Kurukshetra. The petitioner(s) have claimed that they are having license of Commission Agent issued by the Market Committee, Pehowa.

(3.) FEELING aggrieved against non-inclusion of their names in the list of eligible applicants, the petitioner(s) preferred appeals under Rule 11 of the Rules before the Chief Administrator of the Board, inter alia, on the ground that it is obligatory on the part of the respondents to provide sufficient accommodation to the old licensees and their applications have been wrongly rejected. In support of their claim the petitioner(s) have placed reliance on the judgment of Hon'ble the Supreme Court rendered in the case of M/s Labha Ram and Sons v. State of Punjab, 1998(2) RCR(Civil) 529 : (1998)5 SCC 207. The Chief Administrator clubbed all the appeals and by a common order dated 17.4.2009 rejected the claims of the petitioner(s) in light of the judgment of this Court rendered in the case of M/s Rozy Trading Company v. State of Haryana and others, 2009(5) RCR(Civil) 738 (C.W.P. No. 4175 of 2007, decided on 1.12.2008). Against the said order the petitioner(s) have filed the instant petitions.