Arun Bhansali, J. - (1.) THIS writ petition has been filed by the petitioner aggrieved against the allotment of land by the respondent -Krishi Upaj Mandi Samiti (Anaj), Sriganganagar ('KUMS') for setting up of retail outlet to the respondent No. 5.
(2.) IT is inter -alia indicated in the writ petition that the petitioner is a partnership firm and dealing in trade -cum -commission business of grains having its place of business at KUMS and has been allotted a shop -cum -godown in the new market yard. It is claimed that the shop of the petitioner is situated on the third block in the market yard; near the shop there is a platform and auction space on Southern side of the shop of the petitioner on Gate No. 4, there is a parking space cum auction area and oxidation pond, in between the gate and oxidation pond 72 ft. wide space is lying vacant, which it is claimed as part of parking space cum auction area. The petitioner has questioned the allotment of the said open space for setting up of retail outlet. It is indicated in the writ petition that initially the allotment in favour of respondent No. 5 Smt. Vinod Kumari took place by way of resolution dated 20.2.2002 passed by KUMS, whereby a particular land was allotted to the respondent No. 5. The allotment letter (Annex. -8) specifically stipulated that if the possession of the allotted plot was not taken within 45 days, the allotment would automatically stand cancelled.
(3.) WHEREAFTER , the KUMS passed another resolution dated 12.8.2009 inter -alia providing for deletion of the plot marked for petrol pump behind Shops No. 227 to 230 and to remark land for petrol pump at another place and decided to sought approval of the town planner for land ad measuring 10500 Sq.fts. on Northern side of Shop No. 272.;