AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner firm is a dealer of agricultural produce as a licensee in a market adjacent to the notified area of Subzi Mandi, Ludhiana. It has challenged order dated 1.11.2007 (P-6) passed by the Market Committee and order dated 10.6.2008 (P-8) passed by the Punjab Mandi Board-respondent No. 2 upholding the order dated 1.11.2007 on an appeal filed by it under Rule 12 of the Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999 (for brevity, 'the Rules').

(2.) BRIEF facts of the case are that Old Subzi Mandi was notified on 14.8.1963 as a Sub Market Yard of notified market area of Ludhiana Market Committee (P- 1). The Old Subzi Mandi belonged to the Municipal Committee, Ludhiana but subsequently it was sold to the firms dealing with the sale and purchase of fruits and vegetables. The area of the Old Subzi Mandi was not owned or possessed at any stage by the Market Committee, Ludhiana. The respondents, in the year 1980-81 acquired an area of 53.4 acres at Bahadur Ke Road on Jalandhar Bye-pass to establish a new Subzi Mandi, which was conceived as a far bigger area and, therefore, considered sufficient to accommodate almost all the existing licensees. The petitioner firm admittedly does not transact its business of sale and purchase of agricultural produce in the Old Subzi Mandi whereas it is conceded position that they are carrying on their business at the Papita/Krishna Market, which is adjoining to the Old Subzi Mandi, though they have obtained a licence, which is compulsorily required under the provisions of the Punjab Agricultural Produce Markets Act, 1961 (for brevity, 'the Act') and the rules framed thereunder. It is also not disputed that being a licensee, the petitioner firm has been carrying on its business under Licence No. 2781/LDN/SAMB, dated 2.1.1992, under Section 10 of the Act till 31.3.1997 in the Papita/Krishna Market. It could not get the said licence renewed after 31.3.1997. Consequently, a new licence bearing No. 3426/LDH/PMB, dated 3.11.1997 was issued to the petitioner firm after charging Rs. 600/- as penalty and since then it has been carrying on its business in the said Papita/Krishna Market. It has been paying the licence fee as well as market fee regularly without default.

(3.) THE aforesaid order, on an appeal filed under Rule 12 of the Rules, has been upheld by the impugned order dated 10.6.2008 (P-8). The Marketing Board has placed reliance on Rule 3 of the Rules and has dismissed the appeal.