KAILASH KUMAR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1990-3-13
HIGH COURT OF RAJASTHAN
Decided on March 27,1990

KAILASH KUMAR Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties.
(2.) AS common points are involved in these revisions, they are being disposed of by a common order. The petitioners' grievance is that market fee is being realised from the petitioners but no facilities have so far been provided. Thus, the obligation has not been fulfilled by the Krishi Upaj Mandi Samiti, Sheoganj, respondent No. 2. After realisation of fees, there is a statutory obligation of the Samiti to provide requisite facilities. How and in what manner the amount realised has been spent and how facilities and benefits have been provided is not known. Therefore, a direction needs to be given to the respondents No. 2 and 3 to furnish the details of the amount realised so far from the petitioners and what facilities have been so far provided and how much amount is spent by way of Quid-Pro-duo. It would not be proper to stop realisation of fees etc. from the petitioners. The petitioners shall continue to make payment of market fees and all other fees and simultaneously the Samiti should also fulfil its obligation. Counsel for the petitioners submit that some of the petitioners are retail traders and are not realising maket fees. These are questions of fact. On these questions of fact it would be open to such petitioners to move afresh to the trial court with necessary documents and affidavits and opportunity would be available to the respondent Samiti to meet the same. The trial court shall dispose of the matter in accordance with law, if moved. These revision petitions are, therefore, dismissed with the observation that the respondent Samiti shall furnish the details of the amount so far realised from the petitioners and how and in what manner the amount has been spent by way of providing facilities and benefits to the petitioners and on the application of the petitioners it would be open to the trial court to issue necessary direction for the utilisation of the amount lying with the respondeni-Samiti. It is expected of the Samiti that the statutory obligation shall be fulfilled by it as per the direction of the Court. The direction with regard to utilisation of the amount shall be in accordance with law laid down by the Supreme Court as well as in accordance with the provisions of the Act. The parties to bear their own costs. . ;


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