Madhya Pradesh High Court
Motiram Chourasiya vs The State Of Madhya Pradesh on 21 February, 2022
Author: Rohit Arya
1
The High Court Of Madhya Pradesh
WP No. 4225 of 2022
(MOTIRAM CHOURASIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Gwalior, Dated : 21-02-2022
Shri Yash Sharma, learned counsel for petitioner.
Shri Jitesh Sharma, learned Government Advocate for respondents No.1
and 2/State.
Shri S.P. Jain, learned counsel for respondents No.3 and 4.
Petitioner, holding a licence for trade of fruits & vegetables issued under
Section 32 of the M.P. Krishi Upaj Mandi Adhiniyam, 1972 (for brevity "1972
Act"), is before this Court taking exception to the impugned auction notice inviting
applications for auction of shops and plots in the existing market area in terms of
the M.P. Krishi Upaj Mandi (Allotment of Land and Structures) Rules, 2009.
Learned counsel for the petitioner asserts that after issuance of notification
by the State Government under Section 4 of 1972 Act, the market yard has not
been notified under Section 5, hence, there cannot be auction of shops or open
plots pursuant to the impugned notice. However, neither the notification issued
under Section 4 has been placed on record nor any subsequent notification issued
under Section 5 based whereupon the petitioner may make a grievance of the
nature canvassed in the writ petition.
Shri Jain, learned counsel appearing on behalf of respondents No.3 and 4,
on the other hand, submits that new Sabji market yard has been established as per
law and auctions are being conducted pursuant to the order dated 20.01.2022
passed by this Court in WP.4560/2021 [Shri Balendra Singh Yadav and Others Vs.
MP State Agricultural Marketing Board and Others].
Shri Jain, learned counsel, submits that this Court while disposing of the
aforesaid writ petition has taken note of the fact of establishment of new market
yard. Besides, in a Public Interest Litigation preferred bearing number
WP.15024/2021 [Ramjeet Singh Rajput Vs. State of M.P. & Ors.], Division Bench
of this Court vide its order dated 15.11.2021 has observed as under:
"In view of the counter affidavit of respondent No.2, no further
directions are required in the instant Public Interest Litigation. However,
this Court hopes and trusts that the respondent No.2 and other
respondents shall take prompt action ensuring that the entire day to day
vegetable marketing activities are carried out at the new market at AB
Road, behind Old Samji Market, Gwalior."
As such, at the instance of the petitioner alleged objection is only in despair
and with ignorance of the judgments of Courts referred above. Moreover, the new
market is just behind the old Sabji Market and new market yard is having an area of
over 8 hectares as against 02 hectares of adjacent old market yard. All required
facilities are available there. As such shifting has been done in wider public interest
for public convenience.
Shri Jain, learned counsel, on instructions, also submits that the petitioner is
an encroacher as he has been issued the notice for having encroached more area
than what was allotted to him in the old market.
Be that as it may, this Court upon perusal of the judgments passed by the
Division Bench & Single Bench, the documents placed on record and submissions
advanced is of the view that the impugned auction notice cannot be questioned at
the instance of the petitioner who otherwise is free to apply for shop / open space
under the impugned auction notice. Hence, no interference is warranted.
Consequently, present writ petition sans merits is hereby dismissed.
(ROHIT ARYA)
JUDGE
pd
PAWAN Digitally signed by PAWAN DHARKAR
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
OF MADHYA PRADESH BENCH GWALIOR,
DHARK
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pseudonym=22FE9CB9F7CF0345E7FFAC903
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serialNumber=C72B9531562BC6028F5D6E42
AR
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Date: 2022.02.21 18:48:27 +05'30'
