UMA TRADING COMPANY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these appeals have been filed under Section 18 of the Rajasthan High Court Ordinance, 1949, against the judgment and order dated 21.8.1996 passed by the learned Single Judge in S.B. Civil Writ Petition No. 3343/1993.

(2.) BOTH the appeals are being disposed of by this common judgment as they have arisen from the same judgment. The dispute is in respect of one shop bearing No. F/II/15, situated in the market yard of Krishi Upaj Mandi Samiti, Mandore Road, Jothpur (for short 'the Samiti'). The factual matrix of the case reveals that the case has a chequerred history. A large number of shops were constructed and handed over to the Samiti in the year 1989. M/s. Rai Chand Mohan Lal, appellant in D.B. Civil Special Appeal No. 79/1997 (hereinafter referred as M/s. Rai Chand') applied for allotment of a shop but could not succeed. However, alongwith other persons who could not get the allotment, it filed S.B. Civil Writ Petition No. 2985/1992, M/s. Asha Ram Mahendra Kumar and twelve others v. Krishi Upaj Mandi Samiti and Ors. During the pendency of the said writ petition, some other shops were constructed and handed -over to the Samiti. Out of the said shops, M/s. Rai Chand was allotted a shop bearing No. F/II/15 by Resolution dated 19/20th June, 1993 contained in Annexure. P. 5. to the writ petition and it was issued an allotment order in respect of said shop on 20.6.1993 (Annexure. P. 6). However, the said allottee could not get the possession of the shop as M/s. Uma Trading Company (the appellant in D.B. Civil Special Appeal No. 583/1997) (hereinafter called 'M/s. Uma Trading) took its possession forcibly on the pretext that the Additional Secretary of the Samiti had made a verbal assurance to him on 27.3.1993. Apprehending the eviction from the said shop, the appellant M/s. Uma Trading filed a civil suit and obtained injunction order on 21.6.1993, However, the said suit was dismissed by the order dated 2.7.1993. The said appellant filed S.B. Civil Writ Petition No. 3063/1993 on 29.6.1993 praying therein that it should not be evicted from the said shop and ultimately the interim order was passed on 8.7.1993 that the said firm should not be dispossessed from the said shop without following due process of law. On the same day, i. e., on 8.7.1993, the respondent No. 2 the Deputy Secretary to the Government -passed an order making that allotment in favour of M/s. Uma Trading without giving any notice to the original allottee M/s. Rai Chand. In the said order dated 8.7.1993, the respondent No. 2, on 20.6.1993 made a reference that M/s. Uma Trading had not been considered for allotment only on the ground that the said firm dealt with tea, a Non -Scheduled Item under the Rajas than Agricultural Produces Markets Act, 1961 (hereinafter called 'the Act, 1961') and the said firm could not have been deprived of the allotment as earlier allotments had also been made in favour of the tea dealers.

(3.) HEARD Shri K.N. Joshi for M/s. Uma Trading; Mr. D.S. Shishodia, Senior Advocate with Mr. Manish Shishodia and Mr. Heera Lal Kela for M/s. Rai Chand and Mr. M.S. Singhvi for the Samiti.