JAIPUR ALOO ARATIA SANGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JAIPUR Aloo Aratia Sangh has filed this writ petition seeking to challenge validity of the notification dated 18. 10. 2006 and alternatively prayed for quashing the said notification to the extent it de-notified Lal Kothi Mandi Yard and has prayed for a mandamus upon the respondents to continue the same as sub-mandi yard and further alternatively, restraining the respondents from changing the nomenclature of D-block of Mohana Mandi Yard with the direction to the respondents to allot the shops to the members of the petitioner- Sangh as per the agreement in accordance with the originally prepared map.

(2.) I have heard Shri S. N. Kumawat, the learned counsel for the petitioner, Shri Indrajeet Singh, the learned counsel for the contesting respondent and Shri S. N. Gupta, the learned Deputy Government Advocate.

(3.) IT was further argued that there is no reason with the respondents to shift the originally set up D-Block as this amounts to making major changes in the lay out plant. In spite of the fact that the respondents are having vacant shops in the extended Block-C at the place of earmarked Block-D which is virtually the place of originally earmarked Block-D, the respondents are seeking to shift the members of the petitioner- sangh from eastern corner to western corner which is at the end of the yard. 75% of the shops of the existing Block-C are in fact covering the area of Block-D and are still lying vacant which are indicated in map. Most of the important shops in Block-A and C shown on western corner of the scheme have been alloted to the food traders in place of the members of the petitioner-sangh and it is behind them that four rows of shops have been kept vacant for the petitioner-sangh. This is an arbitrary and colourable exercise of power seeking to allot the shops at less important site to the members of petitioner-sangh. Impugned notification is therefore liable to be quashed and set aside. In the alternative, it has been prayed that the respondents be restrained from changing the nomenclature of D-block and be required to make allotment of the shops in that block to the members of the petitioner Sangh.