Sangeet Lodha, J. - (1.) By way of this writ petition, the petitioner has questioned legality of notification (SO No. 185) dt. 7.2.14 issued by the State Government, whereby in exercise of the power conferred by Sub -section (1) of Sec. 4 of the Rajasthan Goods (Control of Production, Supply, Distribution and Trade and Commerce) Act, 2014 (for short 'the Act of 2014'), 'Bajri' has been declared to be the goods to which the provisions of the Act of 2014 shall apply. That apart, the petitioner has challenged order dt. 11.2.14 issued by the District Collector, Jodhpur in exercise of powers conferred by clause (c) of Sub -section (2) of Sec. 5 of the Act of 2014, specifying the maximum sale price of 'Bajri' at pit mouth without loading charges and with loading charges @ Rs. 65/ - and Rs. 105/ - per tone respectively, for tehsil -Bilara. At the outset, learned counsel appearing for the petitioner submitted that the petitioner does not want to press the writ petition so far as it relates to challenge to the notification (SO No. 185) dt. 7.2.14 issued by the State Government. Learned counsel submitted that the petitioner confines his challenge only to the extent of legality of order dt. 11.2.14 (Annexure -14) issued by the District Collector, Jodhpur, determining the maximum sale price of the 'Bajri' as modified vide notification dt. 9.10.14 (Annexure -R/3). In this view of the matter, the writ petition so far as it relates to challenge to the notification (SO No. 185) dt. 7.2.14 is dismissed as not pressed.
(2.) Learned counsel for the petitioner contended that in exercise of the power conferred under clause (c) of Sub -section (2) of Sec. 5 of the Act of 2014, the District Collector has fixed the maximum sale price of Bajri at pit mouth with loading charges @ Rs. 105/ - per tone, which was revised vide order dt. 9.10.14 in compliance of the order dt. 11.8.14 passed by the Jaipur Bench of this Court in D.B.C. Writ Petition No. 2674/14 to Rs. 119/ - per tone, however, the price with loading charges under the said provision for Sawai Madhopur has been fixed at Rs. 170/ - per tone vide order dt. 11.2.14 (Annexure 17) which stands revised to Rs. 265/ - for Sawai Madhopur and Rs. 225/ - for various other locations in the district Sawai Madhopur. That apart, the grievance raised by the petitioner is that quantum of material produced by the petitioner in the preceding year and the amount of expenses actually incurred by the petitioner has not been taken into consideration while determining of the maximum sale price.
(3.) It is to be noticed that vide order dt. 17.4.15 passed by this Court, the respondent -State was directed to produce the break up which lead to determination of price @ Rs. 119/ - per tone for Bilara vide order dt. 9.10.14 (Annexure 3) and Rs. 170/ - vide order dt. 11.2.14 (Annexure 17) for Sawai Madhopur.;