GULRAJ POONAM CHAND & ORS Vs. STATE OF RAJASTHAN & ORS
LAWS(RAJ)-2012-2-224
HIGH COURT OF RAJASTHAN
Decided on February 06,2012

Gulraj Poonam Chand And Ors Appellant
VERSUS
State Of Rajasthan And Ors Respondents

JUDGEMENT

- (1.) Heard on the question of admission.
(2.) The petitioners have questioned the rent fixed for providing additional facility of tin sheds, imposed by the Krishi Upaj Mandi Samiti, Madanganj, Kishangarh, District Ajmer. Demand was raised for rent due from April, 1997 to 2002. It was submitted by the appellants that demand was being raised with retrospective effect, hence, writ petition was filed questioning the recovery from the appellants.
(3.) It was contended in the reply, filed on behalf of respondent Nos.1 to 4 that demand was raised by traders of Krishi Upaj Mandi Samiti for covering the open platform with tin sheds in front of their shops and the respondent No.5 Krishi Upaj Mandi Samiti has passed a resolution in this regard on 03.02.1993, in which President of Vyapar Mandal was also present. As per resolution, loan was taken from the Rajasthan Agriculture Marketing Board so as to construct tin sheds in front of the shops of 'A' Block and 'B' Block in the year 1995-96. The State Government has taken a policy decision for realising rent of the covered tin sheds from the traders of Krishi Upaj Mandi Samiti. In this regard, a circular was issued on 06.10.1988 and on the basis of the said circular, after completion of the work of tin sheds, respondent No.5 has taken opinion of Rajasthan State Agriculture Marketing Board for clarifying the rent of tin sheds; rent was informed and rent for traders of 'A' Block and 'B' Block was fixed @ Rs. 388/- per month for 'A' Block and Rs. 425/- per month for 'B' Block. Accordingly, recovery notices were issued, against which an appeal was preferred before the Agriculture Marketing Directorate, State of Rajasthan; action has been upheld vide order dated 10.04.2006. Aggrieved thereby, writ petition was preferred, which has been dismissed by the impugned order.;


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