PARDEEP KUMAR KHEM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This application has been moved for placing on record additional affidavit. Application is allowed. Additional affidavit is taken on record. CWP No.23254 of 2019 Petitioners have approached this Court by way of filing the present writ petition under Articles 226/227 of the Constitution of India for quashing of E-Auction advertisement dated 21.08.2019 (Annexure P-14). A further prayer has also been made for issuance of direction to respondents to allot shops/plots to the petitioners-licensees (Category-II) in New Sabzi Mandi, Bahadurgarh under Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000 (hereinafter called as 'the Rules, 2000) by considering their eligibility as on 21.08.2019 against available shops/plots, which have now been put to public auction.

(2.) The petitioners are stated to be old licensees of Category-II working in New Vegetable Market, Bahadurgarh as they have been granted license under the provisions of Section 10 of Punjab Agricultural Produce Markets Act, 1961 (hereinafter called as 'the Act, 1961') to carry out their business. Earlier the respondents made efforts to auction shops/plots in New Sabzi Mandi, Bahadurgarh through open auction.

(3.) As per case of the petitioners, the shops/plots were to be allotted to the old licensees but still they were not considered eligible. The eligibility criteria was to be seen on the cut-off date i.e. 02.01.2009. All the petitioners were fulfilling the eligibility condition and the turn over in terms of Rule 3(1)(iii) of the Rules, 2000. Now also the respondent-authorities are disposing off the shops/plots through e-auction commenced w.e.f. 21.08.2019. The method adopted by the respondent-authorities is bad when other licensees like the petitioners are eligible.