- (1.) Challenge in the present writ petition is to an order dated 22.4.2008 (Annexure P-3) passed by the Estate Officer, Punjab Mandi Board declining the claim of the petitioner for allotment of plot in the new grain market as an old licensee; the order passed in appeal on 17.1.2011 (Annexure P-3) and in revision dated 11.9.2013 (Annexure P-6), affirming the orders passed by the Estate Officer. The petitioner is a licensee under the Punjab Agriculture Produce Markets Act 1961 (for short 'the Act'). A notification has been issued on 29.10.1963 constituting the Principal and Sub Market Yard in Mansa. Subsequently, new market yard was established for which applications were invited for allotment of plots from the old licensees against the plots reserved for such category.
(2.) As per the petitioner, his business premises are situated across the road of the old notified market yard, therefore, the petitioner is eligible for allotment' of a plot meant for the old licensees. The claim of the petitioner has been declined for the reason that he was not carrying on business as a licensee in the old market yard.
(3.) Learned counsel for the petitioner contends that the licensees in the old market yard who were not carrying on the business within the market yard have been treated eligible and allotted plots. Reference is made to an order passed by the Secretary, Mandi Board Chandigarh dated 22.12.2008 (Annexure P-5) in respect of notified market yard of Rampura Phul wherein the licensees whose shops outside the old grain market yard were considered eligible for allotment of plot. It is thus contended that the respondents are treating the licensees of different market yard in different manner; therefore, such action is not sustainable in law.;