LAWS(RAJ)-2011-9-17

LAXMI LAL Vs. STATE OF RAJASTHAN

Decided On September 21, 2011
LAXMI LAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This writ petition has been filed by a resident agriculturist of village Uttarwada (Patwar Circle Mahuwa) Tehsil Bari Sadari (District Chittorgarh) said to be joint khatedar of land measuring 13 bigha 13 biswa comprised in Khasra No. 28, 82, 153/2, 161, 162, 163 and 165 of Patwar Circle Mahuwa, Tehsil Bari Sadari. In this writ petition, the petitioner has prayed for the following relief:

(2.) In pursuance of the above order, counsel for the petitioner at Jaipur Shri Suresh Charan went to the office of the director and filed application under Section 2(1)(ii) and Section 2(2) of the Rajasthan Krishi Upaj Mandi Act, 1961 but the Director Shri J.P. Shukla, after reading the application, refused to accept the application filed by the counsel for the petitioner, therefore, the petitioner has again filed this writ petition for redressal of his grievance.

(3.) Learned counsel for the petitioner Shri Vijay Bishnoi vehemently argued that respondent No. 4 cannot be defined as agriculturist in view of the definition of agriculturist under Section 12(1)(ii) of the Act of 1961 because she purchased the agricultural land in village Dungala measuring about 9 bigha on 16.6.2011 from one Ganesh S/o Veeram and her name was entered on 4.7.2011. Thereafter, she contested election for member of Krishi Upaj Mandi Samiti, Bari Sadari from the Agriculture Constituency No. 2 and she was declared elected.