P.P.NAOLEKAR, J. - (1.) SINCE common questions of law and facts are involved in all these writ petitions, they are being decided by this common order. In all these writ petitions, 'the policy of Krishi Upaj Mandi Samiti, Sriganganagar (hereinafter referred to as the Samiti') for allotment of shops constructed by the Samiti, by 'rent auction' on the instructions of the State, is under challenge. For the purpose of deciding the point in issue, facts and documents are referred from S.B. Civil Writ Petitions No. 2557/95 and 450/96 as the facts are similar in other writ petitions barring minor details, which are not relevant.
(2.) THE State of Rajasthan established Krishi Upaj Mandi Samiti, Sriganganagar, in exercise of the powers conferred Undr Section 6 of the Rajasthan Agriculture Produce Market Act. Order 1961 (hereinafter referred to as 'the Act'). The State Govt. vide notification issued Under Section 5(1) of the Act declared the boundaries of the principal market yard at Sriganganagar for carrying on business for sale and purchase of agriculture produce. By the notification, every trader or commission agent dealing in agriculture produce has to carry on business in the market yard after obtaining licence under the Act. The petitioners are the licence holders under the Act and are carrying on business in the market established by the Samiti. The Agriculture Produce Market Committee, Sriganganagar, (for short 'the Committee' hereinafter') constructed 240 shops in the first phase. Out of these 240 shops, 180 shops were of large size and 60 shops were of small size. Large size shops were constructed for the food grain dealers whereas the small size shops were constructed for sundry purposes. As per the petitioners, out of these 60 small shops, 20 were constructed for vegetable dealers while 40 small shops were constructed for the dealers dealing in fertilizer and pecticides. Applications were invited from traders and commission agents trading in foodgrains for allotment of shops. The State Govt. issued guidelines for allotment of shops. In all 300 applications were received by the Samiti and as there were more number of applications than the constructed shops available for allotment, all the shops were allotted to the foodgrain dealers and the foodgrain dealers were given assurance by the Samiti that they would be allotted bigger shops after new construction. (No. document has been produced by the petitioners substantiating this assurance.) After the construction of shops, all the shops were allotted in accordance with the merit list prepared as per the guidelines. After the allotment of the shops to various traders and Commission agents, the allotment of some of the shops was cancelled by the Samiti on the ground that some of the allottees did not start their business and some of the allottees did not occupy their shops and some contravened the conditions of allotment. After the cancellation of the allotments, the Samiti Invited fresh applications for allotment of the available vacant shops vide notice dated 13.10.86 and in response to the notice, 156 applications were received by the Samiti. A merit list was prepared as per the guidelines and 45 applicants were found eligible for allotment and allotments were made of 11 shops. As the shops were not available, some of the petitioners had been given permission to occupy platform between the shops free of charge.
(3.) IN the year 1992 -93 the Samiti again invited applications for newly constructed shops. At that time, the petitioners and other persons, who applied in the year 1987, were asked to only submit the particulars of their dealings. The petitioners consequently submitted the details of their dealings in the market yard and anxiously waiting for allotment of shops from the Samiti and the Secretary of the Samiti bit no response was given by the Samiti. Some petitioners submitted applications for allotment of shops in pursuance of invitation. While the petitioners were waiting for allotment of shops by the Committee on the basis of the norms laid down, they came across an advertisement dated 7.7.95 issued by the Samiti notifying that 24 big and 35 small shops will be put to auction on rent basis. On enquiry the petitioners came to know that the advertisement had been issued in pursuance of the directions given by the State Govt. and the instructions issued by the Director changing the guidelines issued by respondent no. ,2 for allotment of shops in market yard in the year 1989 and also in 1993. Under the guidelines of 1988 and 1993, the principal criterion for allotment of shops was preparation of merit list on the basis of the standing of trader/broker i.e. the period the licence held, the market fees paid by the broker /trader and the turn over of the year.;