M/S KHEM CHAND BHAWAN DASS AND OTHERS Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2001-5-133
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 29,2001

M/S Khem Chand Bhawan Dass And Others Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

Jawahar Lal Gupta, J. - (1.) THE Petitioners are working as commission agents at Barwala, District Hissar. They pray for the issue of a writ in the nature of mandamus directing the Respondents to allot them "the plots in the new vegetable market, Barwala at the rates of the year 1996".
(2.) THE Respondents contest the claim of the Petitioners. Counsel for the parties have been heard. Mr. R.K. Jain, counsel for the Petitioners contends that commission agents had been directed to shift to the new market in the year 1995. They had approached this Court through Civil Writ Petition No. 6483 of 1995. It was pleaded that basic facilities did not exist in the new market yard. In the absence of facilities, no trade activity could be conducted. Thus, the order for shifting should be quashed. This writ petition was disposed of by a Bench of this Court vide order dated March 6, 1996. It was inter alia directed that eligible Petitioners would be allotted plots in the new market. They would file an undertaking that they would raise construction within the time allowed and shall close the existing sites and shift to the new premises. Till then, they would be allowed to carry on business in the old premises. Thereafter, the Petitioners had filed the undertaking. However, the plots were allotted to them vide letter dated May 9, 2000. The price of the plot was fixed at Rs. 6,60,620/ -. The counsel submits that this price is excessive. The Respondent -committee should charge at the rate which was prevalent in the year 1996.
(3.) ON behalf of the Respondents, it has been pointed out that the Petitioners were in fact not eligible for allotment of plots in the new market yard. A wrong undertaking had been given on behalf of the Respondents. In the year 1997, rules were framed. The immovable property is to be disposed of in accordance with the provisions of Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 1997. Despite these rules and in obedience to the directions of the court the plots have been allotted. The price has been fixed in strict conformity with the law.;


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