- (1.) The above petitions involve identical questions for the adjudication by this Court and are being decided by this common order. Facts in SBCWP No.3714/2009 titled Fal Sabji Kreta Vekreta Vyapar Sangh Vs. State of Rajasthan & Ors. are taken as the lead case for the adjudication of issues as they arise in this bunch of writ petitions. The petitioners-Sangh has filed these petitions with the following prayers : (i) to issue an appropriate writ/order/direction quashing & setting aside the decision dated 29.09.2008 and order dated 28.01.2009 whereby commercial rate of Rs.15,000/- per sq. mtr. have been prescribed for allotment of shops in Terminal Market Muhana in village Sukhiya. (ii) to issue an appropriate writ/order/direction quashing & setting aside clause 2(7) of allotment policy of 2005 which prescribes / spells out the DLC rates to mean commercial DLC rate declaring it to be illegal & invalid being contrary to the allotment letter dated 20.11.1999 and declaration of law by Hon'ble Apex Court & Hon'ble High Court. (iii) to issue an appropriate/writ/order/direction declaring the different parameters for determining the rates for allotment of shops to phase-I and phase-II allottees & other category such as producers as illegal, invalid & ultravires. (iv) to issue an appropriate writ/order/direction declaring the clause 7(4) of allotment policy of 2005 as discriminatory and thus in valid. (v) to issue an appropriate writ/order/direction directing the respondents to allot the shops in Terminal Market Muhana situated at village Sukhiya at the rate of Ra.1393/1689 per sq. mtr. in conformity with the benign object of establishing the Mandi and in sequel there to permit the member of petitioner sangh to deposit the allotment money in installment in tuen and in line with allotment notices dated 08.07.2008.
(2.) Facts necessary to be noticed for the adjudication of the petition are that the petitioner-Sangh is constituted of members engaged in selling of fruits and vegetables. All the members of the petitioner-Sangh are licencees under the Rajasthan Agriculture Market Produce Act, 1961 (hereinafter 'the Act of 1961'). The petitioner-Sangh is aggrieved of the alleged illegality and invalidity of the decision dated 29.09.2008 whereby the Krishi Upaj Mandi Samiti (Fruits and Vegetables), Terminal Market Muhana, Jaipur decided that the allotment of shops in the Terminal Market, Muhana would be with reference to a commercial DLC rate of Rs.15,000/- per sq. mtr. and the further order dated 28.01.2009, passed by the Directorate, Agriculture Produce approving the decision of the Krishi Upaj Mandi Samiti (Fruits and Vegetables), Terminal Market Muhana, Jaipur taken in its meeting dated 29.09.2008. The petitioner-Sangh submits that as a consequence of the aforesaid decision, the minimum price for allotment of shops in the Terminal Market, Muhana on the basis of concessions applicable under the allotment policy of 2005 formulated by the State Government would be Rs.7,500/- per sq. mtr (50% of Rs.15,000/-) and Rs.11,250/- per sq. mtr. (75% of Rs.15,000/-) respectively for different categories of applicants seeking allotment of shops. It is submitted that the decision to fix such an exorbitant price for the allotment of shops is grossly illegal, unfair, unjust, invalid and sufferes from patent arbitrariness and discrimination.
(3.) The petitioner-Sangh also challenges the legality & validity of clause 2(7) of the allotment policy of 2005 whereby base rates for allotment have been spelt out to mean commercial DLC rates of Market Area or in the absence thereof, commercial DLC rates of nearest region/area. It is submitted that the prescription of commercial DLC rates for allotment of shops in Muhana Mandi yard is contrary to the judgment of the Hon'ble Supreme Court in the case of Labh Ram & Ors. Vs. State of Panjab, 1998 5 SCC 207 as also the judgment of the Division Bench of this High Court in the case of M/s Ved Prakash Ramesh Chandra Vs. State of Rajasthan, 2002 3 WLC(Raj) 207 whereby the Hon'ble Courts are stated to have held that Mandis are not established to generate revenue and the rates of shops to be alloted to those engaged in the business in the Mandi should be reasonable.;