SUDHA JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This intra-court appeal has been filed by the appellant-writ petitioner for assailing the order dtd. 24/2/2022 passed by learned Single Bench whereby the writ petition filed by the appellant-writ petitioner seeking direction upon the respondents to decide the matter pertaining to allotment of godown was dismissed.

(2.) Briefly stated facts of the case are that the Secretary, Krishi Upaj Mandi Samiti "A" Category, Bhilwara (hereinafter referred to as 'Mandi Samiti') issued an advertisement dtd. 13/1/2006 for allotment of a godown having capacity of 1000 metric ton on in- situ basis (in the original position). In the advertisement dtd. 13/1/2006, it was further stated that allotment of godown shall be made as per the rates fixed in accordance with the Allotment Policy, 2005 for allotment of godowns, decided by the Government of Rajasthan. The appellant-writ petitioner pursuant to the said advertisement submitted an application dtd. 14/1/2006 seeking allotment of godown and deposited security amount of Rs.1,00,000.00with the respondents. Since, the husband of the appellant-writ petitioner was working on the post of Lower Division Clerk with the Mandi Samiti, the Secretary, Mandi Samiti vide letter dtd. 20/3/2006 sought guidelines from Director, Agricultural Marketing as to whether allotment in favour of the appellant could be made.

(3.) The Secretary, Mandi Samiti thereupon vide letter dtd. 4/10/2006 clarified that permission for allotment of godown on in situ basis had been granted by the Directorate of Agricultural Marketing, vide letter dtd. 26/8/2006. Further inter alia, it was stated that security amount for the godown was fixed by the Mandi Samiti on its own, as per the provisions of General Finance and Account Rules and the reserve price for allotment was to be finalised after receiving guidelines from the Directorate, Agricultural Marketing. It is evident from the record that allotment proceedings pursuant to advertisement dtd. 13/1/2006 could not be completed and therefore, Mandi Samiti through registered post dtd. 28/7/2008 returned a cheque dtd. 28/7/2008, bearing No.821252 of Rs.1,00,000.00 to the appellant-writ petitioner, deposited against security amount by her. According to the appellant-writ petitioner, no such cheque was received by her and since she was interested in completion of the godown allotment process, a legal notice dtd. 8/7/2008 was served upon Mandi Samiti requesting them to expedite the process of allotment. However, the efforts made by the appellant to accelerate the allotment process were in vain. Aggrieved by the inaction of the respondents in completing the godown allotment process initiated through advertisement dtd. 13/1/2006, appellant-writ petitioner preferred a writ petition before learned Single Bench with the following prayers:-