Sangeet Lodha, J. - (1.) THESE writ petitions are filed by the petitioners questioning the market rate determined for the shops allotted to them in the mandi area of respondent -Krishi Upaj Mandi Samiti (KUMS), Sri Ganganagar, on the basis of the rates determined by the District Level Committee (DLC) for the area in question without determining the DLC rates separately for the mandi area in terms of the instructions issued by the State Government, Department of Agriculture, vide its order dated 31.10.08.
(2.) THE relevant facts in nutshell are that the petitioners engaged in business of agriculture produce in the market area of respondent -KUMS, were allotted the shops. The respondent came out with the policy namely, "Allotment Policy of 2005" inviting options from the occupiers of the shops, godowns and pits for allotment on 99 years lease basis. The respondent -KUMS determined the market value of the shops etc. for the allotment on the basis of general DLC rate determined for the nearest commercial area. The determination of the market value by the respondent -KUMS on the basis of the DLC rate is questioned by the petitioners carrying on business in the mandi area in the shops, godowns etc. inter alia on the ground that the rate determined by the DLC for the nearest commercial area cannot be applied to the shops etc. in the mandi area and the determination of the DLC rates for the mandi area was required to be made independently. Relying upon the Government order dated 31.10.08, it is contended that the rates of commercial premises in the mandi area cannot be same as existing for the other commercial areas. Learned counsel appearing for the petitioners submitted that the controversy involved in the present writ petitions stands covered by Coordinate Bench decisions of this Court in M/s. Mahipal & Sons v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 8959/11), decided on 18.11.11 and M/s. Ramji Dass Anil Kumar v. State of Rajasthan & Ors. (S.B.C. Writ Petition No. 6961/12), decided on 8.11.12 as also by the Bench decisions of this Court in the matters of 'Krishi Upaj Mandi Samiti(Anaj), Bikaner v. M/s. Surajmal Satya Narayan & Ors. and other connected matters' (D.B. Civil Special Appeal No. 134/12), decided on 20.4.12 and "Krishi Upaj Mandi Samiti v. Abid & Ors." (D.B. Civil Special Appeal No. 465/12 and other connected appeals), decided on 26.10.12.
(3.) LEARNED Deputy Government Counsel submitted that many petitioners herein have already deposited the amount on the basis of the DLC rate determined for the nearest commercial area and therefore, now the question of refund may arise, which was not the subject matter of the writ petitions decided as aforesaid. That apart, it is submitted that the petitioners have approached this court belatedly and therefore, the writ petitions deserve to be dismissed on this count alone.;