KHUDRA ANAJ VYAPARI SANGH AND ORS. Vs. STATE OF RAJ AND ORS.
LAWS(RAJ)-2015-11-27
HIGH COURT OF RAJASTHAN
Decided on November 17,2015

Khudra Anaj Vyapari Sangh And Ors. Appellant
VERSUS
State Of Raj And Ors. Respondents

JUDGEMENT

Pratap Krishna Lohra, J. - (1.) IN all these writ petitions common question of law and facts are involved, therefore, they are heard together and disposed of by this common order.
(2.) WRIT petition No. 10734/2015 is laid by a company registered under the provisions of Rajasthan Non -Trading Companies Act, 1960 espousing cause of its members against the impugned action of respondents. In the other connected writ petitions, laid by respective petitioners in individual capacity, or as firm, have ventilated their grievances against the impugned action of respondents with almost identical prayers. For convenience, the prayer made in S.B. Civil Writ Petition No. 10374/2015 (Khudra Anaj Vyapari Sangh, Jodhpur v. State of Rajasthan & Ors.) is reproduced as infra: - - "(i) The notices dated 01.09.2015, 02.09.2015, 04.09.2015 and 08.09.2015 and all consequential proceeding thereupon may kindly be quashed and set aside. (ii) The respondents may be restrained to interfere in the possession of the all member tenant shopkeepers of the entire area. (iii) During pendency of the writ petition, if any order is passed or any action is taken by the Municipal Corporation against the member tenant of petitioner Sangh, prejudicial their interest, the same may kindly be quashed and set aside. (iv) Hold that the members shopkeepers are lawful tenants and are in rightful possession of the rented out premises which includes the Kota (shop), Chokadi (open space) and Chhaper (tin -shed) in the Dhanmandi area. (v) The respondents may kindly restrained from cancelling the tenancy of the member tenant shopkeepers and be restrained from taking any coercive action in any manner against the shopkeepers of petitioner Sangh. (vi) The respondent authorities of the Municipal Corporation be directed to produce the original documents of the rented out premises to the shopkeepers of the Dhanmandi area. (vii) Any other appropriate writ, order or direction, which this Hon'ble Court may deem fit and appropriate in favour of the petitioner, may also kindly be passed in the interest of justice; and (viii) Cost of litigation may also kindly awarded in favour of the petitioner."
(3.) ESSENTIALLY , all the members of Khudra Anaj Vyapari Sangh, Jodhpur (for short, 'Sangh') are the shopkeepers of Sumer Market, Jodhpur (commonly known as Dhanmandi) and are doing business of foodgrains and other articles since time immemorial. It is averred in the writ petitions that members of the Sangh as well as other petitioners are tenants of respondent, Municipal Corporation, Jodhpur, and in the capacity of tenants they are in occupation of Kotha and chokdi for doing their business.;


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