RAJEEV PANJTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has prayed for a direction to the respondents to renew his registration as a Commission Agent in Agricultural Produce Market Committee (APMC), Solan and to allocate its Shed No.20 to him.

(2.) The case of the petitioner is that he was registered as a Commission Agent in the year 2012 under the Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005, under the name and style of Noila Fruit Traders (NFT). He was registered as such with Agricultural Produce Market Committee Solan. This registration was valid till 31/3/2020. Under this licence, the petitioner work as Commission Agent till 31/3/2020. The petitioner submitted an application for renewal of his registration in June 2020, but the respondents have not renewed the registration in his favour. Learned counsel for the petitioner argued that no dues from the petitioner are outstanding. The petitioner is ready to deposit usual fee and other charges for renewal of his registration. Respondent cannot in an arbitrary and whimsical manner refuse to renew his registration.

(3.) Learned counsel for respondents No.2 and 3 on the other hand justified non-renewal of the petitioner's registration as a Commission Agent. It was submitted that several complaints were received against the petitioner and another person for non-payment of Apple Sale Proceeds by them. The petitioner was found to be a repeated defaulter. The complaints were also referred to the Special Investigation team (SIT) of the Police Department constituted by the State Government for the purpose vide letters dtd. 9/10/2019, 25/10/2019 and 20/11/2019 for lodging prosecution against such spurious traders. Repeated communications and notices of default were issued to the petitioner by the respondents in accordance with the provisions of the Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005. Faced with this, invoking Sec. 40 of the Act, registration of the petitioner was cancelled on 20/11/2019. Sec. 40(4) the Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005, empowers the Committee constituted under the Act to cancel the registration of the Market Functionaries. It reads as under-