JUDGEMENT
DINESH MEHTA,J. -
(1.) The present writ petition has been filed by the petitioners with the following prayers:-
"(i) By an appropriate writ order direction, the learned respondents may kindly be restrained to relocate the petitioners from their present place of operation at Paota Sabji Mandi to Bhadwasia Sabji Mandi without developing entire infrastructure facilities, which are essential for operation of the day to day business of the petitioners.
(ii) By an appropriate writ order or direction, the respondents may kindly be directed to permit the petitioners to continue their retail operations from the Paota Sabji Mandi until and unless the land proposed for development of Sabji Mandi for retailers is acquired from the Roadways Workshop and required infrastructure is developed.
(iii) Any other appropriate writ, direction or order which this Hon'ble Court may deem it just and proper in the facts and circumstances of the case, may kindly be issued.
(iv) Cost of this writ petition may kindly be awarded to the humble petitioners."
Mr. O.P. Mehta, learned counsel for the petitioners narrating the facts briefly, stated that most of the petitioners are having license issued under Rule 69 of the Rajasthan Agriculture Krishi Upaj Mandi Rules, 1963 and have been carrying on their business for decades (earlier in Clock Tower Area and thereafter at Paota Sabji Mandi). The respondents have decided to shift the present Savitri Bai Phule Krishi Upaj Mandi Samiti (Fal and Sabji), Paota Jodhpur (hereinafter referred to as "Paota Mandi") to Bhadwasia, Jodhpur. With a view to expand the present Roadways, Bus Stand and with a view to reduce the congestion of traffic at Paota circle, a decision has been taken to shift the Paota Mandi to Bhadwasia.
(2.) In this process, it has been decided that the RSRTC will give its land to Krishi Upaj Mandi in lieu of land being made available to it, by the Paota Mandi. As a part of the scheme of shifting the Paota Mandi shops and other requisite infrastructure has been developed at the land already available for the wholesalers and the provision for allotment of 464 plots has been made on the land that will be made available by RSRTC, once the present Paota Mandi land/area is handed over to it. A notification dated 18.06.2019, in this regard has been issued by the State Government.
(3.) The petitioners being small retail vendors, dealing in vegetables, have raised a grievance that the respondents have made arrangements for wholesale vendors of vegetable and fruits, whereas no arrangement or infrastructure has been created/developed so far, for the retail vendors. Without availability of the requisite infrastructure for them at the new Mandi at Bhadwasia, the respondents are compelling/scooping them out of the Paota Mandi.;
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