- (1.) By way of this petition, the petitioner has questioned legality of order dated 22.4.08 passed by the Director, Agriculture Marketing, Government of Rajasthan, on the review petition preferred by the respondent-Krishi Upaj Mandi Samiti ('KUMS'), Sri Ganganagar, seeking review of order dated 31.7.07 passed by the Director, directing allotment of platform and open space between two shops in favour of the petitioner, while keeping parity vis-avis other license holders, who though below in the preference list than the petitioner, were allotted the platform and open space as applied for.
(2.) The relevant facts are that the petitioner is carrying on the business of food grain since 1989 in the Mandi Yard, KUMS, Sri Ganganagar. The petitioner made an application for allotment of platform and open space lying vacant between two shops in the Market Yard claiming parity vis-a-vis other license holders namely, Swami Trading Company, Ramjidas Madan Gopal, M/s. Ganga Trading Company, Sri Ram Trading Company and Brijbhushan Rajpal. The KUMS, Sri Ganganagar, declined to allot the shop in favour of the petitioner and therefore, aggrieved thereby, the petitioner preferred a revision petition under Section 39 of the Agriculture Produce Market Act, 1961 (for short "the Act"), before the Director, Agriculture Produce Market, which was allowed vide order dated 31.7.07 and while relying upon the directions issued by this court, vide judgment dated 2.12.98 rendered in S.B.C.Writ Petition No.3492/98 issued directions to the KUMS to allot the platform and space between the two shops to the petitioner on the same conditions on which the allotment was made in favour of M/s. Swami Trading Company and M/s. Kashiram Rajendra Kumar, which were below in the preference list than the petitioner.
(3.) The KUMS vide communication dated 10.10.07 addressed to the Director, Agriculture Produce Market, stating that 13 Years Allotment Policy is not in force and presently, the allotments are governed by Immovable Property Allotment Policy, 2005 ('Policy,2005') and therefore, it may be clarified that under which Policy the petitioner is to be allotted the platform and open space between the shops. The Director, vide communication dated 1.11.07, responded in terms that the order dated 31.7.07 is self explanatory and no further guidance is required and further, directed that the petitioner herein, may be allotted the platform and open space on the same terms as it was allotted to M/s. Swami Trading Company and M/s. Kashiram Rajendra Kumar.;