Rajasthan High Court - Jodhpur
Krishi Upaj Mandi Samiti (Grains) ... vs M/S. Mahipal And Sons on 3 March, 2022
Bench: Akil Kureshi, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 418/2021
1. State Of Rajasthan, Through The Secretary, Department
Of Agriculture, Government Of Rajasthan, Jaipur.
2. Agricultural Marketing Board, Krishi Bhawan, Jaipur
Through Its Director, Agriculture Marketing Board, Krishi
Bhawan, Jaipur.
----Appellants
Versus
1. Kharta Ram S/o Shri Taru Ram, Aged About 62 Years, By
Caste Jat, Proprietor M/s. Kharta Ram Norang Shop No.
163, New Mandi Yard Sri Ganganagar.
2. Krishi Upaj Mandi Samiti (Grains), District Sri
Ganganagar, Through Its Secretary.
3. District Collector, Sri Ganganagar.
----Respondents
Connected With
D.B. Spl. Appl. Writ No. 1462/2019
Krishi Upaj Mandi Samiti (Grains), District Sri Ganganagar,
Through Its Secretary.
----Appellant
Versus
1. M/s. Ramniwas Khajanchand, Through Its Proprietor
Ravindra Kumar S/o Ramniwas, Aged 45 Years, R/o 83,
Old Dhan Mandi, Sri Ganganagar (Raj.)
2. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 1471/2019
Krishi Upaj Mandi Samiti (Grains) Sri Ganganagar, Through Its
Secretary.
----Appellant
Versus
(2 of 51) [SAW-418/2021]
1. M/s Nand Ram Lekh Ram, Partnership Firm Through Its
Partner Bhoop Singh S/o Nand Ram Caste Jat, Resident
Of 7 New Dhanmandi, Sri Ganganagar (Raj.)
2. State Of Rajasthan, Through Secretary, Agricultural
Department, Government Of Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 1472/2019
Krishi Upaj Mandi Samiti (Grains) Sri Ganganagar, Through Its
Secretary.
----Appellant
Versus
1. M/s Kishori Lal Satyanarayan, Proprietorship Firm
Through Its Proprietor Lokesh Kumar S/o Satyanarayan
Caste Agarwal, Resident Of 61 Purani Dhanmandi, Sri
Ganganagar (Raj.)
2. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 1480/2019
Krishi Upaj Mandi Samiti (Grains) Sri Ganganagar, Through Its
Secretary.
----Appellant
Versus
1. M/s. Jaishankar Seed Pvt. Ltd., Through Its Director Ravi
Sanakar Gupta S/o Shri Laxmi Narain Gupta Resident Of
115, G Block, Sri Ganganagar (Raj.).
2. State Of Rajasthan Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
(3 of 51) [SAW-418/2021]
D.B. Spl. Appl. Writ No. 1485/2019
Krishi Upaj Mandi Samiti (Grains), District Sri Ganganagar,
Through Its Secretary.
----Appellant
Versus
1. M/s. Bihari Lal Dwarka Dass, Proprietorship Firm Through
Its Proprietor Rajiv Kumar Lila S/o Shri Dwarka Dass Lila
Cast Agarwal, Resident Of 11 E Block, Sri Ganganagar
(Raj.).
2. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 1487/2019
Krishi Upaj Mandi Samiti (Grains) District Sri Ganganagar,
Through Its Secretary.
----Appellant
Versus
1. M/s. Shankarlal Sitaram, Through Its Partner Kalicharan
Agarwal S/o Shri Ram Kishan Agarwal, Resident Of 3-1-
20, Jawahar Nagar, Sri Ganganagar (Raj.).
2. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 1494/2019
Krishi Upaj Mandi Samiti (Grains), District Sri Ganganagar,
Through Its Secretary National Highway No.62 (Old HW No.15)
Sri Ganganagar.
----Appellant
Versus
1. M/s. Chunni Lal Ratan Lal Partnership Firm, Through Its
Partner Devki Devi W/o Shri Madan Mohan Caste Agarwal,
Resident Of H.No. 201, Agarsen Nagar, Sri Ganganagar
(4 of 51) [SAW-418/2021]
(Raj.).
2. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 1503/2019
Krishi Upaj Mandi Samiti (Grains) Sri Ganganagar, Through Its
Secretary,
----Appellant
Versus
1. M/s Gyaniram Atmaram, Through Its Proprietor Atmaram
Goyal S/o Shri Parmanand Goyal Resident Of 182, New
Dhan Mandi, Sri Ganganagar. (Raj.).
2. State Of Rajasthan Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 1544/2019
Krishi Upaj Mandi Samiti (Grains), District Sri Ganganagar,
Through Its Secretary.
----Appellant
Versus
1. M/s Sahiram Dharamveer Partnership Firm, Through Its
Partner Prathviraj Nehra S/o Shri Birbal Ram Nehra Cast
Jat, Resident Of 61, New Dhanmandi, Sri Ganganagar
(Raj.)
2. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 1545/2019
Krishi Upaj Mandi Samiti (Grains), District Sri Ganganagar,
(5 of 51) [SAW-418/2021]
Through Its Secretary.
----Appellant
Versus
1. M/s Tulsa Ram Kanhaiya Lal And Sons, Shop No. 183 New
Sabji Mandi Yard, Sri Ganganagar Through Its Partner
Shyam Lal S/o Shri Kanhaiya Lal Ahuja, Resident Of C-36,
Prem Nagar, Gali No. 3, Sri Ganganagar (Raj.)
2. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 79/2020
Krishi Upaj Mandi Samiti (Grains), Sri Ganganagar, Through Its
Secretary.
----Appellant
Versus
1. M/s Bishan Das Mohan Lal, Proprietorship Firm Through
Its Proprietor Balkishan Thareja S/o Shri Mohan Lal Cast
Arora, Resident Of 44 Purani Dhanmandi, Sri Ganganagar
(Raj.).
2. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 113/2020
Krishi Upaj Mandi Samiti (Grains), District Sri Ganganagar,
Through Its Secretary.
----Appellant
Versus
1. M/s Devi Lal Rampratap, Proprietorship Firm Through Its
Proprietor Vinod Siyag S/o Shri Ram Pratap Siyag Cast
Jat, Resident Of 51, New Dhanmandi, Sri Ganganagar
(Raj.)
2. State Of Rajasthan, Through The Principal Secretary,
(6 of 51) [SAW-418/2021]
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 145/2020
1. State Of Rajasthan, Through Secretary, Department Of
Agricultural, Government Of Rajasthan, Jaipur.
2. Agricultural Marketing Board, Krishi Bhawan, Jaipur
Through Its Director, Agriculture Marketing Board, Krishi
Bhawan, Jaipur.
----Appellants
Versus
1. M/s Sahiram Dharamveer, Partnership Firm Through Its
Partner Prithviraj Nehra S/o Birbal Ram Nehra B/c Jat,
Aged 44 Years R/o 61- New Dhanmandi, Shri Ganganagar
2. Krishi Upaj Mandi Samiti (Grains), Sri Ganganagar.
----Respondents
D.B. Spl. Appl. Writ No. 147/2020
1. State Of Rajasthan, Through Secretary, Department Of
Agricultural, Government Of Rajasthan, Jaipur.
2. Agricultural Marketing Board, Krishi Bhawan, Jaipur
Through Its Director, Agriculture Marketing Board, Krishi
Bhawan, Jaipur.
----Appellants
Versus
1. M/s Devi Lal Ram Pratap Proprietorship Firm, Through Its
Proprietor Vinod Siyag S/o Shri Ram Pratap Siyag B/c Jat,
Aged 38 Years, R/o. 51-New Dhanmandi, Sri Ganganagar.
2. Krishi Upaj Mandi Samiti (Grains), Sri Ganganagar.
----Respondents
D.B. Spl. Appl. Writ No. 208/2020
1. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
2. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
(7 of 51) [SAW-418/2021]
----Appellants
Versus
1. M/s. Mahipal And Sons, Through Its Partner Sanjay
Kumar Mahipal S/o Sri Shobha Chand Mahipal, Aged
About 47, Resident Of 3-F-10, Jawaharnagar,
Sriganganagar.
2. Krishi Upaj Mandi Samiti (Grains), District Sri
Ganganagar, Through Its Secretary.
----Respondents
D.B. Spl. Appl. Writ No. 209/2020
1. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
2. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Appellants
Versus
1. M/s. Ramniwas Khajanchand, Through Its Proprietor
Ravindra Kumar S/o. Shri Ramniwas, Aged 45 Years, R/o.
83, Old Dhan Mandi, Sri Ganganagar.
2. Krishi Upaj Mandi Samiti (Grains), District Sri
Ganganagar, Through Its Secretary.
----Respondents
D.B. Spl. Appl. Writ No. 226/2020
Krishi Upaj Mandi Samiti (Grains), District Sri Ganganagar,
Through Its Secretary.
----Appellant
Versus
1. M/s. Gangadas Rajkumar, Through Its Partner Surendra
Sihag S/o Shri Kalu Ram Sihag Resident Of 1, New Dhan
Mandi, Sri Ganganagar (Raj.).
2. M/s Choudhary Hetram Virendrakumar Chandel, Through
Its Proprietor Smt. Babita Chandel W/o Shri Virendra
Chandel Resident Of 6E-36, Jawahar Nagar, Sri
Ganganagar.
3. M/s Tilokaram Prathviraj, Through Proprietor Om Prakash
S/o Shri Prathviraj Resident Of 2-F-21, Jawahar Nagar, Sri
Ganganagar.
(8 of 51) [SAW-418/2021]
4. M/s Pujaralal Rajkumar, Through Its Partner Ramesh
Kumar S/o Late Shri Pujara Lal Resident Of 91, H Block,
Sri Ganganagar.
5. M/s Kishorilal Shyamsundar, Through Its Partner Rajiv
Gupta S/o Late Shri Kishori Lal Gupta Resident Of 16 C
Block Ravindra Path, Sri Ganganagar.
6. M/s Kishandas Jethanand, Through Its Partner Bhagwan
Das S/o Jethanand Resident Of 32 New Dhan Mandi, Sri
Ganganagar.
7. M/s Maniram Sahu And Sons, Through Its Proprietor Om
Prakash Sahu S/o Shri Mani Ram Sahu Resident Of
Sahuwala Tehsil And District Sri Ganganagar.
8. M/s Kishandas Gurdittaram, Through Its Proprietor Ashok
Kumar Madan S/o Shri Gurdittaram Resident Of 103 G
Block, Sri Ganganagar.
9. M/s Agrotech Services, Through Its Proprietor Suresh
Kumar S/o Shri Leeladhar Agrawal Resident Of 44, New
Dhan Mandi Sri Ganganagar.
10. M/s Rajasthan Traders, Through Its Proprietor Prabhu
Dayal S/o Shri Brijlal Resident Of 49, New Dhan Mandi,
Sri Ganganagar.
11. M/s Lekhraj Khemraj, Through Its Partner Gurvinder
Kumar S/o Shri Laxmandas Resident Of 120,
Gandhinagar, Gali No. 4, Sri Ganganagar.
12. M/s Rakharam Nareshchnadra Sarna, Through Its Partner
Sanjay Kumar Sarna S/o Shri Naresh Chandra Sarna
Resident Of 7/8 Gandhi Nagar, Sri Ganganagar.
13. M/s Kailashchandra Ramprakash, Through Its Partner Jai
Prakash S/o Shri Mohan Lal Agarwal Resident Of 27 P
Block Sri Ganganagar.
14. M/s Kaluram Vijaykumar, Through Its Proprietor Vijay
Kumar Arora S/o Shri Kalu Ram Arora Resident Of 25
Adarsh Nagar Sri Ganganagar.
15. M/s Maisukh Hariram, Through Its Proprietor Om Prakash
S/o Shri Udaipal Resident Of 1-A-18, Jawahar Nagar,
Sriganganagar.
16. M/s Santlal Sureshkumar, Through Its Proprietor Santlal
Soni S/o Shri Bhadar Chand Soni Resident Of 145, G
Block Sriganganagar.
17. M/s Rajkumar Mohitkumar, Through Its Proprietor Mohit
(9 of 51) [SAW-418/2021]
Soni S/o Shri Rajkumar Resident Of 129 G Block
Sriganganagar.
18. M/s H.R. Cotton Corporation, Through Its Partner
Rajkumar Chitlangiya S/o Shri Sohan Lal Resident Of 6-E
Block Sriganganagar.
19. M/s Choudhary Gheruram Chandulal, Through Its Partner
Natthu Ram S/o Shri Gheru Ram Resident Of Mirjewala,
Tehsil And District Sriganganagar.
20. M/s Gurdas Rai Jitendra Kumar, Through Its Partner Raj
Kumar S/o Shri Surajbhan Jindal Resident Of 555 Vinoba
Basti, Sriganganagar.
21. M/s Lalchand Bhagwandas, Through Its Partner Jagdish
S/o Shri Lalchand Resident Of 87 Gowshala Road,
Opposite Jaipur Hospital, Sriganganagar.
22. M/s Hajarimal Omprakash, Through Its Parner Manoj
Pediwal S/o Shri Krishana Maheshwari Resident Of 51 C
Block Sriganganagar.
23. M/s Modiram Bhagwandas, Through Its Partner Krishan
Kumar S/o Shri Bhagwandas Resident Of 91 P Block
Sriganganagar.
24. M/s Dhajaram Jaidev, Through Its Parner Jaidev Gupta S/
o Shri Dhaja Ram Gupta Resident Of 131 Ne Dhan Mandi
Sriganganagar.
25. M/s Sardar Lal Singh Sohan Singh, Through Its Partner
Bhawneet Singh S/o Shri Jitendra Pal Singh Resident Of
136 New Dhan Mandi, Sriganganagar.
26. M/s Pawankumar Premkumar, Through Its Proprietor
Pawan Kumar Goyal S/o Shri Phoolchand Goyal Resident
Of 139 New Dhan Mandi, Sriganganagar.
27. M/s Laxminarain Vishwalal Bihani, Through Its Proprietor
Vinod Bihani S/o Shri Vishwa Lal Resident Of 115
Vrandawan Vihar, Gaganpath, Sriganganagar.
28. M/s Taruram Dayaram, Through Its Partner Mahaveer
Prasad S/o Sultan Ram Resident Of 141 Dhan Mandi
Sriganganagar.
29. M/s Hajarimal Suganchand, Through Its Proprietor Vikram
Chitalngiya S/o Shri Ramdev Kumar Chitlangiya Resident
Of Chitalangiya Cotton Ginning And Pressing Factory,
National Highway 15, Sriganganagar.
30. M/s Omprakash Sanwarlal, Through Its Proprietor
(10 of 51) [SAW-418/2021]
Hanuman Prasad S/o Shri Om Prakash Resident Of 53-58,
N Block, Sriganganagar.
31. M/s Omprakash Hanumanprasad, Through Its Proprietor
Hanuman Prasad S/o Shri Om Prakash Resident Of 53-58,
N Block Sriganganagar.
32. M/s Shrikishan Vijaykumar, Through Its Partner Duga
Prasad Mundara S/o Shri Mohan Lal Resident Of 1-E-8,
Sukharia Nagar, Sriganganagar.
33. M/s Omprakash Vimalkumar, Through Its Partner
Bhanwar Lal S/o Shri Radha Kishan Resident Of 38 C
Block Sriganganagar.
34. M/s Narendrakumar Jaiprakash, Through Its Partner Jai
Prakash Lal S/o Shri Om Prakash, Aged About 58 Years,
Resident Of Village Fatuhi, Tehsil And District
Sriganganagar.
35. M/s Loonkarandas Dhanwantarilal, Through Its Partner
Dilip Kumar S/o Shri Mahaveer Prasad, Aged About 50
Years, Resident Of Village Dungarsinghpura, Tehsil
Sadulsahar, District Sriganganagar.
36. M/s Mahaveer Prasad Kishankumar, Through Its
Proprietor Vijay Kumar S/o Shri Mahaveer Prasad Mittal,
Aged About 49 Years, Resident Of 1-G-26 Jawahar Nagar,
District Sriganganagar.
37. M/s Lucky Goyal Trading Company, Through Its Proprietor
Ratan Lal S/o Shri Jamna Das, Aged About 47 Years,
Resident Of 36 J Block Sriganganagar.
38. M/s Lalgarhiya Corporation, Through Its Proprerietor
Ghanshyam Das S/o Shri Nagar Mal, Aged About 58
Years, Resident Of 89, G Block Sriganganagar.
39. M/s Laxmi Enterprises, Through Its Properietor Vinod
Kukkar S/o Shri Ramesh Kukkar, Aged About 30 Years,
Resident Of 150, P Block Sriganganagar.
40. M/s Vikaskumar Vikramkumar, Through Its Proprietor
Vikas Kasania S/o Shri Nathuran Kasania, Aged About 34
Years, Resident Of Mahianwali, Tehsil And District
Sriganganagar.
41. M/s Bheemraj Mangalchand, Through Its Partner Krishan
Lal S/o Shri Sahi Ram, Aged About 55 Years, Resident Of
185, New Dhan Mandi, Sriganganagar.
42. M/s Sanjay Udhyog, Through Its Partner Jaspreet Singh
(11 of 51) [SAW-418/2021]
S/o Harcharan Singh, Aged About 37 Years, Resident Of
12, Mukherjee Nagar, Sriganganagar.
43. M/s Verma Oil And Flour Mill, Through Its Partner Chandra
Shekhar S/o Shri Deendayal Soni, Aged About 30 Years,
Resident Of 24, J Block, Sriganganagar.
44. M/s Bhunwal Brothers, Through Its Partner Balwant Singh
S/o Shri Mani Ram, Aged About 45 Years, Resident Of
192, New Dhan Mandi, Sriganganagar.
45. M/s Vinodkumar Premkumar, Through Its Partner
Subhash Chandra Goyal S/o Shri Phool Chand Goyal,
Aged About 55 Years, Resident Of 4-A-33, Jawaharnagar,
Sriganganagar.
46. M/s Sankolia Brothers, Through Its Properietor Pawan
Kumar S/o Om Prakash Gaur, Aged About 41 Years,
Resident Of 288, Vinoba Basti, Sriganganagar.
47. M/s Dev Trading Company, Through Its Properietor
Yogesh Goyal S/o Shri Purshottam Lal Goyal, Aged About
31 Years, Resident Of 1-D-10, Jawaharnagar,
Sriganganagar.
48. M/s Lekhram Lunaram, Through Its Properietor Lunaram
S/o Shri Lekhram, Aged About 50 Years, Resident Of 3-J-
4, Jawahar Nagar, Sriganganagar.
49. M/s Baljeet Singh And Sons, Through Its Properietor
Maninder Singh S/o Shri Baljeet Singh, Aged About 42
Years, Resident Of 159, G Block, Sriganganagar.
50. M/s Begraj Rameshkumar, Through Its Partner Ramesh
Kumar S/o Shri Begraj , Aged About 48 Years, Resident
Of 3, K Block, Sriganganagar.
51. M/s Jaikarandas And Sons, Through Its Properietor
Santosh Jindal W/o Shri Trilok Chand, Aged About 46
Years, Resident Of 1242, New Dhan Mandi,
Sriganganagar.
52. M/s Jamidara Trading Company, Through Its Partner Avtar
Singh S/o Shri Gurcharan Singh, Aged About 45 Years,
Resident Of 9-10, Ambika City, Sriganganagar.
53. M/s Choudhary Netram Rajesh Kumar, Through Its
Proprietor Hansraj S/o Shri Net Ram, Aged About 50
Years, Resident Of 247, New Dhan Mandi, Sriganganagar.
54. M/s Biharilal Vijaykumar, Through Its Proprietor
Vijaykumar S/o Shri Sagar Mal Leela, Aged About 55
(12 of 51) [SAW-418/2021]
Years, Resident Of 3-B-43 Jawahar Nagar, Sriganganagar.
55. M/s Dhalaram Sohanlal, Through Its Partner Sohanlal S/o
Shri Dhala Ram, Aged About 56 Years, Resident Of 104, G
Block, Sriganganagar.
56. M/s Balwant Singh Harbans Singh, Through Its Partner
Sunil S/o Shri Dhanpat Bhakar, Aged About 34 Years,
Resident Of 10, New Dhan Mandi, Sriganganagar.
57. M/s Bhaprodia Brothers, Through Its Partner Jai Prakash
Garg S/o Shri Shriniwas Garg, Aged About 52 Years,
Resident Of 28, K Block, Sriganganagar.
58. M/s Swaroop Singh Varyam Singh, Through Its Partner
Smt. Tarsem Kaur W/o Shri Swaroop Singh, Aged About
52 Years, Resident Of Village 20-Gg, Post Office 21-Gg,
Sriganganagar.
59. M/s Bhai Amolak Singh Gulab Singh, Through Its Partner
Jagdeep Singh S/o Shri Trilochan Singh, Aged About 49
Years, Resident Of 17, New Dhan Mandi, Sriganganagar.
60. M/s Vishambhardayal Leeladhar, Through Its Partner
Pawan Garg S/o Shri Leeladhar Garg, Aged About 45
Years, Resident Of 70, H Block, Sriganganagar.
61. M/s Vijay Traders, Through Its Partner Sushil Kumar
Goyal S/o Shri Dwarkadas Mundawala, Aged About 54
Years, Resident Of 28, New Dhan Mandi, Sriganganagar.
62. M/s Chhogmal Nagarmal, Through Its Proprietor Vinod
Goyal S/o Shri Nagar Mal, Aged About 47 Years, Resident
Of 29, New Dhan Mandi, Sriganganagar.
63. M/s Mahendra Kumar Pawan Kumar, Through Its Partner
Pankaj Garg S/o Shri Vishambhar Dayal Garg, Aged About
40 Years, Resident Of 25, H Block, Sri Ganganagar.
64. M/s Ramgopal Bajrangdas, Through Its Partner Bharat
Kochar S/o Shri Arun Kumar Kochar, Aged About 29
Years, Resident Of 5, Teli Mohalla, Sriganganagar.
65. M/s Rajbaksh Satishkumar, Through Its Partner Varun
Makkar S/o Shri Ashok Kumar Makkar, Aged About 35
Years, Resident Of 414, Vinoba Basti, Sriganganagar.
66. M/s Gopal Brothers, Through Its Proprietor Gopal Chand
Khariwal S/o Shri Chnanmal Khariwal, Aged About 57
Years, Resident Of 18-B, Swami Dayanand Marg,
Sriganganagar.
67. M/s Lalata Prasad Satishkumar, Through Its Proprietor
(13 of 51) [SAW-418/2021]
Satish Kumar S/o Shri Lalata Prasad, Aged About 47
Years, Resident Of 46, K Block, Sriganganagar.
68. M/s Surajmal Nagarmal, Through Its Partner Ramdhan
Garg S/o Shri Geeta Ram Garg, Aged About 48 Years,
Resident Of 4-D-21, Jawahar Nagar, Sriganganagar.
69. M/s Madanlal Ramswaroop And Sons, Through Its partner
Pramod Kumar Singal S/o Shri Ramswaroop, Aged About
46 Years, Resident Of 68, New Dhan Mandi,
Sriganganagar.
70. M/s Naraindas Jagdish Rai, Through It Partner Rajan
Kumar S/o Shri Amarnath Makkar, Aged About 44 Years,
Resident Of 146, Vinoba Basti, Sriganganagar.
71. M/s Munshiram Om Prakash, Through Its Properietor Anil
Kumar S/o Shri Om Prakash, Aged About 56 Years,
Resident Of 3-C-14, Jawahar Nagar, Sriganganagar.
72. M/s Yashpal And Company, Through Its Properietor Vipin
Kumar S/o Shri Shyam Lal, Aged About 37 Years,
Resident Of 1-A-8, Jawahar Nagar, Sriganganagar.
73. M/s Choudhary Chetram Shivnarain, Through Its Partner
Vinod Kumar S/o Shri Shiv Narain, Aged About 55 Years,
Resident Of 6-E-47, Jawahar Nagar, Sriganganagar.
74. M/s Godara Traders, Through Its Partner Rajendra Kumar
S/o Shri Kashi Ram, Aged About 44 Years, Resident Of 2-
F-27, Jawahar Nagar, Sriganganagar.
75. M/s Surendra Kumar Narendra Kumar, Through Its
Proprietor Narendra Kumar S/o Shri Mahaveer Prasad,
Aged About 49 Years, Resident Of 7 'e' Block,
Sriganganagar.
76. M/s Rajesh Kumar Pawan Kumar, Through Its Proprietor
Pawan Garg S/o Shri Om Prakash Garg, Aged About 35
Years, Resident Of 30-31, Vrandavan Vihar, Opposite
Bihani Children Academy, Sriganganagar.
77. M/s Rameshkumar Lajpat Rai, Through Its Proprietor
Kailash Chandra Mittal S/o Shri Nanu Ram Mittal, Aged
About 55 Years, Resident Of 1-C-2A, Jawahar Nagar,
Sriganganagar.
78. M/s Khandelia Oil And General Mills Pvt. Ltd., Through Its
Director, Gauri Shankar Vyas S/o Shri Daulal Vyas, Aged
About 45 Years, Resident Of 540, Saale Ki Holi, Bikaner.
79. M/s Shivbhola Tarading Company, Through Its Proprietor
(14 of 51) [SAW-418/2021]
Mool Chand Gera S/o Shri Saidas Gera, Resident Of 12
Tilak Nagar, Sriganganagar.
80. M/s Nandlal And Sons, Through Its Proprietor Ajay Bansal
S/o Shri Nandlal Bansal, Resident Of 94 New Dhan Mandi,
Sriganganagar.
81. M/s Leela Trading Company, Through Its Partner Krishan
Leela S/o Shri Banwari Lal Leela Resident Of 97, New
Dhan Mandi, Sriganganagar.
82. M/s Madanlal Ramswaroop, Through Its Partner Rajendra
Prasad Singal S/o Shri Madan Lal Singal Resident Of 103,
New Dhan Mandi, Sri Ganganagar.
83. M/s Rambhaj Hanumanprasad, Through Its Partner
Pradeep Kumar Garg S/o Shri Hanuman Prasad, Resident
Of 64, D Block Sri Ganganagar.
84. M/s Jasraj Balvinder Kumar Ahuja, Through Its Partner
Bhupendra Pal Ahuja S/o Shri Hans Raj Ahuja Resident Of
4-D-34, Jwaharnagar, Sriganganagar.
85. M/s Gangajal Manojkumar, Through Its Partner
Dharmendra Kumar S/o Shri Rakha Ram Resident Of 1-E-
3 Jawaharnagar, Sriganganagar.
86. M/s Shyonath Rai Shyamsunder, Through Its Partner
Shyam Sunder S/o Shri Kishan Das Resident Of 127, New
Dhan Mandi, Sriganganagar.
87. M/s Jagannath Shribhagwan, Through Its Partner Sanjay
Garg S/o Shri Leeladhar Garg Resident Of 70, H Block,
Sriganganagar.
88. M/s Barar Brothers, Through Its Partner Hgardayal Singh
S/o Shro Harbans Singh Resident Of Chak 3, F Chhoti,
Shobha Singh Wali Dhani, Sriganganagar.
89. M/s Seth Richhpal Jain And Sons, Through Its Proprietor
Girdhari Lal Jain S/o Shri Richhpal Jain Resident Of 137 A
Block Padampur District Sriganganagar.
90. M/s Banarsilal Hanumanprasad, Through Its Partner
Pawan Kumar Mittal S/o Shri Banarsi Lal Mittal Resident
Of 54 N Block Sri Ganganagar.
91. M/s Paavesh Kumar Dinesh Kumar, Through Its Partner
Pravesh Kumar S/o Shri Hansraj Resident Of 167 New
Dhan Mandi, Sriganganagar.
92. M/s Mundawala Trading Company, Through Its Partner
Vijay Kumar Goyal S/o Shri Dwarkadas Mundawala
(15 of 51) [SAW-418/2021]
Resident Of 171 New Dhan Mandi Sriganganagar.
93. M/s Bhanwarlal Rameshchandra, Through Its Partner Smt.
Veena Devi W/o Shri Vijay Kumar Resident Of 188 New
Dhan Mandi, Sriganganagar.
94. M/s Agarwal Sal Company, Through Its Partner Gurbaksh
Rai S/o Shri Gopal Ram Resident Of 89 Gandhi Nagar, Sri
Ganganagar.
95. M/s Brijmohan Vedprakash, Through Its Proprietor Satya
Prakash S/o Shri Rameshwar Das Resident Of 196 New
Dhan Mandi, Sriganganagar.
96. M/s Radhakishan Shriram, Through Its Partner Manoj
Kumar S/o Shri Chandu Lal Resident Of 211 New Dhan
Mandi, Sriganganagar.
97. M/s Nathuram Rajkumar, Through Its Partner Lakhmi
Chand S/o Shri Damodar Das Resident Of 212 New Dhan
Mandi, Sriganganagar.
98. M/s Sunderdas Keshwanand, Through Its Partner Anil
Kumar S/o Shri Bhagirath Kasnia Resident Of Mahiyawali,
tehsil And District Sri Ganganagar.
99. M/s Jain Trading Company, Through Its Proprietor Banwari
Lal S/o Shri Jamna Dass Resident Of 3-B-38,
Jawaharnagar, Srignaganagar.
100. M/s Ramsingh And Sons, Through Its Partner Sushil
Kumar S/o Shri Vinod Kumar Saharan Resident Of
Dungarsinghpura, Tehsil And District Sriganganagar.
101. M/s Sardar Sohan Singh Mukhtyar Singh, Through Its
Partner Mukhtyar Singh S/o Shri Banta Singh Resident Of
224, New Dhan Mandi, Sriganganagar.
102. M/s Pemraj Tarachand, Through Its Proprietor Rajnish
Kumar S/o Shri Nanu Ram Resident Of 225 New Dhan
Mandi, Srinaganagar.
103. M/s Om Trading Company, Through Its Partner Jashwant
Singh Godara S/o Shri Daulat Ram Godara Resident Of
226 New Dhan Mandi, Sri Ganganagar.
104. M/s Girdharilal Bhagwandas, Through Its Proprietor
Jaydeep Bihani S/o Late Shri Sushil Kumar Bihanai
Resident Of 229 New Dhan Mandi, Sriganganagar.
105. M/s Ramswaroop Das Sant Lal, Through Its Partner Vikas
Kuma S/o Shri Subhash Chandra Resident Of 235 New
Dhan Mandi, Sri Ganganagar.
(16 of 51) [SAW-418/2021]
106. M/s Kishan Krishi Upaj Kraya Kendra, Through Its
Proprietor Ghanshyam Das S/o Shri Chandu Lal Resident
Of 249 New Dhan Mandi, Sri Ganganagar.
107. M/s Jiwanram Naurang Rai, Through Its Proprietor Naurag
Rai S/o Shri Rambhaj Resident Of 248 New Dhan Mandi,
Sri Ganganagar.
108. M/s Bishandayal And Company, Through Its Proprietor
Gagan Kumar Gupta S/o Shri Anand Prakash Gupta
Resident Of 249 New Dhan Mandi, Sri Ganganagar.
109. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
110. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 259/2020
1. State Of Rajasthan, Through Secretary, Department Of
Agricultural, Government Of Rajasthan, Jaipur.
2. Agricultural Marketing Board, Krishi Bhawan, Jaipur
Through Its Director, Agriculture Marketing Board, Krishi
Bhawan, Jaipur.
----Appellants
Versus
1. M/s Kishori Lal Satyanarayan, Propretorship Firm,
Through Its Proprietor, Lokesh Kumar S/o Shri
Satyanarayan B/c Agarwal, Aged 46 Years, R/o 61, Purani
Dhanmandi, District Sri Ganganagar.
2. Krishi Upaj Mandi Samiti (Grains), District Sri
Ganganagar, Through Its Secretary.
----Respondent
D.B. Spl. Appl. Writ No. 260/2020
Krishi Upaj Mandi Samiti (Grains), District Sri Ganganagar,
Through Its Secretary.
----Appellant
Versus
1. M/s Liladhar And Sons Proprietorship Firm, Through Its
Proprietor Liladhar S/o Shri Kalu Ram Caste Agarwal,
Resident Of 11, New Dhanmandi, Sri Ganganagar (Raj.).
(17 of 51) [SAW-418/2021]
2. M/s Gangaram Jasaram Partnership Firm, Through Its
Partner Suraj Pal Berad S/o Shri Jasaram Cast Agarwal,
R/o Village Fatuhi, Tehsil And District Sri Ganganagar.
3. M/s Choudhary Nanuram And Sons Partnership Firm,
Through Its Partner Rajendra Prakash S/o Shri Nanuram
Caste Jat R/o 3-J-11, Jawahar, Sri Ganganagar.
4. M/s Sandhu Traders Partnership Firm, Through Its Partner
Rajendrajeet Singh S/o Shri Jalovar Singh Caste Jat Sikh,
R/o Of Mohanpura, Tehsil And District Sri Ganganagar
(Raj.).
5. M/s Laxmichand Manik Chand Proprietorship Firm,
Through Its Proprietor Chandanmal Borar S/o Shri
Laxmichand Caste Jain, R/o 2-E Block, Sri Ganganagar
(Raj.).
6. M/s Ramchandra Kishanlal Proprietorship Firm, Through
Its Proprietor Kishan Lal Bihani S/o Shri Ramchandra
Bihani Caste Maheshwari, R/o 4-A-1, Jawahar Nagar, Sri
Ganganagar.
7. M/s Rameshwardas Tarachand Partnership Firm, Through
Its Partner Rameshwardas S/o Shri Gangaram Caste
Agarwal, R/o 70, New Dhanmandi, Sri Ganganagar.
8. M/s Pyarelal Vijaykumar Proprietorship Firm, Through Its
Proprietor Pyarelal Jindal S/o Shri Jaikaran Das Jindal
Cast Agarwal, R/o 77, New Dhanmandi, Sri Ganganagar.
9. M/s Yogendrakumar Sanjaykumar Proprietorship Firm,
Through Its Proprietor Roopchand Dalmiya S/o Shri
Bhagwandas Dalmiya Cast Agarwal, R/o 90, New
Dhanmandi, Sri Ganganagar.
10. M/s Laxminarayan Rameshkumar Proprietorship Firm,
Through Its Proprietor Shrikishan S/o Shri Rulichand Cast
Agarwal R/o 32 E Block, Sri Ganganagar.
11. M/s Mukhtyar Singh Mahendra Singh Partnership Firm,
Through Its Partner Mahendra Singh S/o Shri Mukhtyar
Singh Caste Jat Sikh, R/o 108, New Dhanmandi, Sri
Ganganagar.
12. M/s Ramjidas Anilkumar Proprietorship Firm, Through Its
Proprietor Smt. Santosh Rani W/o Shri Ramjidas Cast
Agarwal, R/o 121 New Dhan Mandi, Sri Ganganagar.
13. M/s Roopchand Omprakash Proprietorship Firm, Through
Its Proprietor Om Prakash S/o Shri Roopchand Cast
(18 of 51) [SAW-418/2021]
Agarwal, R/o 126 New Dhan Mandi, Sri Ganganagar.
14. M/s Ramchandra Banarsidas Partnership Firm, Through
Its Partner Purshottam Goyal S/o Shri Ram Kumar
Mundawala Cast Agarwal, R/o 130, New Dhanmandi,
Sriganganagar.
15. M/s Bhai Bhagwansingh Sundersingh Proprietorship Firm,
Through Its Proprietor Kanwaljeet Singh S/o Shri Sundar
Singh Cast Arora, Sikh, R/o 29 H Block, Sriganganagar.
16. M/s Chunnilal Premprakash Chitlangiya Proprietorship
Firm, Through Its Proprietor Prem Prakash Chitangiya S/o
Shri Chunni Lal Caste Maheshwari R/o 64 C Block, Sri
Ganganagar.
17. M/s Chogmal Chananmal Proprietorship Firm, Through Its
Proprietor Sri Chhabil Das S/o Shri Chananmal Cast
Agarwal, R/o 1-G-29, Jawahar Nagar, Ganganagar.
18. M/s Choudhary Rampratap Ramkaran Proprietorship Firm,
Through Its Proprietor Abhimanyu S/o Shri Ram Pratap
Cast Jat R/o 245 New Dhan Mandi, Sri Ganganagar.
19. M/s Kailash Chandra Kedar Nath Proprietorship Firm,
Through Its Proprietor Kailash Chandra S/o Shri Surajmal
Cast Agarwal R/o 24-A Purani Dhan Mandi, Ist Floor, Sri
Ganganagar.
20. M/s Krishnlal Khetpal Proprietorship Firm, Through Its
Proprietor Krishanlal S/o Shri Bhagirath Cast Jat, R/o
Village 3-K, Mirjewala, Sri Ganganagar.
21. M/s Chunnilal Madanmohan Partnership Firm, Through Its
Partner Chunni Lal S/o Shri Trilok Chand Cast Agarwal, R/
o 9 Chhoti Dhanmandi, Sri Ganganagar.
22. M/s Rajdeep Traders Partnership Firm, Through Its
Partner Arjun Kumar S/o Shri Aatma Prakash Cast Arora,
R/o 98 Mukherji Nagar, Sri Ganganagar And Shri
Harbhajan Singh S/o Shri Kartar Singh Cast - Kambo Sikh
R/o Prem Nagar, Balwant Singh Dhani, Sri Ganganagar.
23. M/s Harishchandra Surendra Kumar Proprietorship Firm,
Through Its Proprietor Surendra Kumar S/o Shri Baburam
Cast Agarwal R/o 83-G-Block, Sri Ganganagar.
24. M/s Nekiram Ramkumar And Company Partnership Firm,
Through Its Partner Moola Ram S/o Shri Hariram Cast Jat,
R/o 1-G-45 Jawahar Nagar, Sri Ganganagar.
25. M/s Bhai Jivansingh Avtar Singh Proprietorship Firm,
(19 of 51) [SAW-418/2021]
Through Its Proprietor Avtar Singh S/o Shri Jeevan Singh
Cast Arora Sikh R/o 69 Adarsh Nagar, Sri Ganganagar.
26. M/s Shyamsunder Harishkumar Proprietorship Firm,
Through Its Proprietor Rampratap Garg S/o Shri
Kanhaiyalal Cast Agarwal R/o 24 Vinoba Basti, Sri
Ganganagar.
27. M/s Om Prakash Pawankumar Partnership Firm, Through
Its Partner Om Prakash Garg S/o Shri Kanhaiyalal Garg
Cast Agarwal, R/o 30-31 Vrandavan Vihar, Opposite
Bihani Children Academy, Sri Ganganagar.
28. M/s Krishana Trading Company Proprietorship Firm,
Through Its Proprietor Malkeet Singh S/o Shri Deewan
Singh Cast Jat Sikh, R/o 5-M-21, Jawar Nagar, Sri
Ganganagar.
29. M/s Ganganagar Trading Company Private Limited,
Partnership Firm, Through Its Partner Duli Chand Borar S/
o Late Shri Mangal Chand Borar Cast Jain, R/o 66
Vrandavan Vihar, Gangapath, Sri Ganganagar.
30. M/s Choudhary Maniram Rameshwarkak Godara
Proprietorship Firm, Through Its Proprietor Maniram S/o
Shri Puranram Godara Cast Jat, R/o Beenjhbaila, Tehsil
And District Sri Ganganagar.
31. M/s Kundanlal Omprakash Lohiya Proprietorship Firm,
Through Its Proprietor Om Prakash Lohiya S/o Shri
Kundanlal Lohiya Cast Agarwal Sikh, R/o 104 New
Dhanmandi, Sri Ganganagar.
32. M/s Jaikaran Das Parmanand Proprietorship Firm,
Through Its Proprietor Parmanand S/o Shri Jaikaran Das
Cast Agarwal Sikh, R/o 116, New Dhanmandi, Sri
Ganganagar.
33. M/s Harbans Singh Jagroop Singh, Partnership Firm,
Through Its Partner Major Singh S/o Shri Kapoor Singh
Cast Jat Sikh, R/o Chak - 3F Chhoti Shobha Singh Wali
Dhani, Tehsil And District Sri Ganganagar.
34. M/s Nagarmal Banwarilal Partnership Firm, Through Its
Partner Banwari Lal Goyal S/o Shri Nagar Mal Cast
Agarwal, R/o 128 New Dhanmandi, Sri Gangangar.
35. M/s Gurdev Singh Gurnek Singh Partnership Firm,
Through Its Partner Malkiyat Singh S/o Shri Aatma Singh
Cast Jat Sikh, R/o 55 Purani Dhanmandi, Sri Ganganagar.
(20 of 51) [SAW-418/2021]
36. M/s Tejbhan Jairam Partnership Firm, Through Its Partner
Manmohan Wadhawa S/o Shri Tejbhan Cast Arora, R/o
63-G, Block, Sri Ganganagar.
37. M/s Shriniwas Nareshkumar, Proprietorship Firm, Through
Its Proprietor Shriniwas Garg S/o Late Shri Ambadas
Mohta B/c Agarwal, Aged 75 Years, R/o 137 New
Dhanmandi, Sri Ganganagar.
38. M/s Ambadas Devraj, Proprietorship Firm, Through Its
Proprietor Kishanlal Mohta S/o Late Shri Ambadas Mohta
B/c Maheshwari, Aged 77 Year R/o 87-88 Gangaur Nagar,
Sri Ganganagar.
39. M/s Purshottam Das Vinayakumar, Proprietorship Firm,
Through Its Proprietor Purshottam Das S/o Late Shri
Surajmal B/c Agarwal, Aged About 62 Year, R/o 15-E
Block, Sri Ganganagar.
40. M/s Mangilal Shreyans Kumar Borar, Proprietorship Firm,
Through Its Proprietor Mangilal Borar S/o Shri Champalal
B/c Oswal, Aged 72 Y Ears, R/o 26-N Block, Sri
Ganganagar.
41. M/s Jain Commercial Corporation, Partnership Firm,
Through Its Partner Manikchand Borar S/o Shri Kashilal
Borar B/c Jain, Aged 85 Years R/o 38-39-D Block, Sri
Gangangar.
42. M/s Batra Flour Mill, Partnership Firm, Through Its Partner
Shankar Lal Batra S/o Shri Chetan Das B/c Arora, Aged
69 Years, R/o 189-New Dhan Mandi, Sri Ganganagar.
43. M/s Jain Musaddilal Ramniwas, Partnership Firm, Through
Its Partner Indra Kumar Mittal S/o Shri Musaddilal B/c
Agarwal, Aged About 62 Years, R/o 218- New Dhan
Mandi, Sri Ganganagar.
44. M/s Surendrapal Singh Dalbindra Singh, Proprietorship
Firm, Through Its Proprietor Smt. Jagjeet Kaur W/o Shri
Shamsher Singh B/c Sikh, R/o 69 Years E-10 Khalsa
Nagar, Sri Ganganagar. Sri Ganganagar.
45. M/s Tilok Chand Karamchand Kukkar, Partnership Firm,
Through its Partner Baldev Singh S/o Shri Niranjan Singh
B/c Jatsikh, Aged 60 Years, R/o 218- New Dhan Mandi,
Sri Ganganagar.
46. M/s Harbans Lal Vinod Kumar, Proprietorship Firm,
Through Its Proprietor Harbans Lal Wadhwa S/o Shri
(21 of 51) [SAW-418/2021]
Munshiram Wadhwa B/c Arora, Aged 72 Years, R/o 32-G-
Block, Sri Ganganagar.
47. M/s Gangasahay Badrinath, Proprietorship Firm, Through
Its Proprietor Indrapal Goyal S/o Shri Badrinath Goyal B/c
Agarwal, Aged 72 Years, R/o 191-G- Block, Sri
Ganganagar.
48. M/s Sarnamal Mohanlal, Proprietorship Firm, Through Its
Proprietor Mohanlal Mahipal S/o Shri Jwalaprasad Mahipal
B/c Agarwal, Aged 67 Years, R/o 38- Swami Dayanand
Marg, Sri Ganganagar.
49. M/s Lohiya Brother, Proprietorship Firm, Through Its
Proprietor Om Prakash Lohiya S/o Shri Kundanlal Lohiya
B/c Agarwal Aged 68 Years, R/o 234- New Dhan Mandi,
Sri Ganganagar.
50. M/s Ashok Kumar Hariprasad, Partnership Firm, Through
Its Partner Jagdish Rai Mittal S/o Shri Munshiram B/c
Agarwal, Aged 75 Years, R/o 66-N-Block, Sri Ganganagar.
51. M/s Chananmal Indrachand, Partnership Firm, Through
Its Partner Manohar Lal S/o Shri Pyare Lal B/c Arora,
Aged 60 Years, R/o 556- Vonoba Basti, Sri Ganganagar.
52. M/s Nagauri Brother, Proprietorship Firm, Through Its
Proprietor Ratanlal Nagauri S/o Shri Ganpatram B/c
Agarwal, Aged 70 Years, R/o 54-New Dhan Mandi, Sri
Ganganagar.
53. M/s Nand Ram Lekh Ram A Partnership Firm, Through Its
Partner Bhoop Singh S/o Shri Nand Ram B/c Jaat, Aged
50 Years, R/o Village Ladhuwala, Tehsil And District Sri
Ganganagar.
54. State Of Rajasthan Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
55. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 270/2020.
1. State Of Rajasthan, Through Secretary, Department Of
Agricultural, Government Of Rajasthan, Jaipur.
2. Agricultural Marketing Board, Krishi Bhawan, Jaipur
Through Its Director, Agricultural Marketing Board, Krishi
Bhawan, Jaipur.
(22 of 51) [SAW-418/2021]
----Appellants
Versus
1. M/s Nand Ram Lekh Ram, Partnership Firm Through Its
Partner Bhoop Singh S/o Shri Nand Ram, B/c Jat, Aged 50
Years, R/o 7, New Dhanmandi, Sri Ganganagar.
2. Krishi Upaj Mandi Samiti (Grains), Sri Ganganagar.
----Respondents
D.B. Spl. Appl. Writ No. 294/2020
1. State Of Rajasthan, Through The Principal Secretary,
Agriculture Department, Secretariat, Government Of
Rajasthan, Jaipur.
2. Agriculture Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Appellants
Versus
1. M/s Gyaniram Atmaram, Through Its Proprietor Atma
Ram Goyal S/o Parmanand Goyal, Aged 68 Years, R/o
182, New Dhan Mandi, Sriganganagar.
2. Krishi Upaj Mandi Samiti (Grains), District Sri
Ganganagar, Through Its Secretary.
----Respondents
D.B. Spl. Appl. Writ No. 321/2020
1. State Of Rajasthan, Through Secretary, Department Of
Agricultural, Government Of Rajasthan, Jaipur.
2. Agricultural Marketing Board, Krishi Bhawan, Jaipur
Through Its Director, Agricultural Marketing Board, Krishi
Bhawan, Jaipur.
----Appellants
Versus
1. M/s. Chunni Lal Ratan Lal, Partnership Firm Through Its
Partner Devki Devi W/o Shri Madan Mohan, B/c Agarwal,
Aged 59 Years, R/o No. 201 - Agarsen Nagar,
Sriganganagar.
2. Krishi Upaj Mandi Samiti (Grains), Sri Ganganagar,
Through Its Secretary.
----Respondents
(23 of 51) [SAW-418/2021]
D.B. Spl. Appl. Writ No. 332/2020
1. State Of Rajasthan, Through Secretary, Department Of
Agricultural, Government Of Rajasthan, Jaipur.
2. Agricultural Marketing Board, Krishi Bhawan, Jaipur
Through Its Director, Agriculture Marketing Board, Krishi
Bhawan, Jaipur.
----Appellants
Versus
1. M/s. Liladhar And Sons, Proprietorship Firm Through Its
Proprietor Liladhar S/o Shri Kalu Ram B/c Agarwal, Aged
75 Years R/o 11-New Dhanmandi, Sri Ganganagar.
2. M/s Gangaram Jesaram, Partnership Firm Through Its
Partner Suraj Pal Berad S/o Shri Jesaram B/c Jaat, Aged
64 Years R/o Village Fatuhi, Tehsil And District Sri
Ganganagar.
3. M/r Choudhary Nanuram And Sons, Partnership Firm
Through Its Partner Rajendra Prakash S/o Shri Nanuram
B/c Jaat, Aged 67 Years R/o 3-J11, Jawahar Nagar, Sri
Ganganagar.
4. M/s Sandhu Traders, Partnership Its Partner Rajendrajeet
Singh S/o Shri Jalovar Singh B/c Jatshikh, Aged 61 Years
R/o Mohanpura, Tehsil And District Sri Ganganagar.
5. M/r Laxmichand Manik Chand, Proprietorship Firm
Through Its Proprietor Channanmal Borar S/o Shri
Laxmichand B/c Jain, Aged 60 Years R/o 2-E-Block, Shri
Ganganager.
6. M/r Ramchandra Kishanlal, Proprietorship Firm Through
Its Proprietor Kishanlal Bihani S/o Shri Ramchandra
Bihani B/c Maheshwari, Aged 78 Years R/o 4-A-1, Jawahar
Nagar, Sri Ganganagar.
7. M/s Rameshwardas Tarachand, Partnership Firm Through
Its Partner Rameshwardas S/o Shri Gangaram B/c
Agarwal, Aged 74 Years R/o 70-New Dhanmandi, Sri
Ganganagar.
8. M/s Pyarelal Vijaykumar, Proprietorship Firm Through Its
Proprietor Pyarelal Jindal S/o Shri Jaikaran Das Jindal B/c
Agarwal, Aged 60 Years R/o 77-New Dhanmandi, Sri
Ganganagar.
9. M/s Yogendrakumar Sanjaykumar, Proprietorship Firm
Through Its Proprietor Roopchand Dalmiya S/o Sri
(24 of 51) [SAW-418/2021]
Bhagwandas Dalmiya B/c Agarwal, Aged 70 Years R/o 90-
New Dhanmandi, Sri Ganganagar.
10. M/s Laxminarayan Rameshkumar, Proprietorship Firm
Through Its Proprietor Shrikishan S/o Shri Rulichand B/c
Agarwal, Aged 60 Years R/o 32 E-Block, Sri Ganganagar.
11. M/s Mukhtyar Singh Mahendra Singh, Partnership Firm
Through Its Partner Mahendra Singh S/o Sri Mukhtyar
Singh B/c Jatsikh, Aged 63 Years R/o 108-New
Dhanmandi, Sri Ganganagar.
12. M/s Ramjidas Anilkumar, Proprietorship Firm Through Its
Proprietor Smt. Santosh Rani W/o Sri Ramjidas B/c
Agarwal, Aged 76 Years R/o 121-New Dhanmandi, Sri
Ganganagar.
13. M/s Roopchand Omprakash, Proprietorship Firm Its
Proprietor Om Prakash S/o Shri Roopchand B/c Agarwal,
Aged 65 Years R/o 126-New Dhanmandi, Sri Ganganagar.
14. M/s Ramchandra Banarsidas, Partnership Firm Through
Its Partner Purshottam Goyal S/o Shri Ramkumar
Mundawala B/c Agarwal, Aged 64 Years R/o 130-New
Dhanmandi, Sri Ganganagar.
15. M/s Bhai Bhagwansingh Sundershigh, Proprietorship Firm
Through Its Proprietor Kanwaljeet Singh S/o Shri Sundar
Singh, B/c Arora Sikh, Aged 65 Years R/o 29-H-Block, Sri
Ganganagar.
16. M/s Chunnilal Premprakash Chitlangiya, Proprietorship
Firm Through Its Proprietor Prem Prakash Chitlangiya S/o
Block, Sri Ganganagar.
17. M/s Chogmal Chananmal, Proprietorship Firm Through Its
Proprietor Chabilal Das S/o Shri Chananmal B/c Agarwal,
Aged 60 Years, R/o 1-G-29, Jawahar Nagar, Sri
Ganganagar.
18. M/s Choudhary Rampratap Ramkaran, Proprietorship Firm
Through Its Proprietor Abhimanyu S/o Shri Ram Pratap,
B/c Jat, Aged 67 Years R/o 245-New Dhanmandi, Sri
Ganganagar.
19. M/s Kailash Chandra Kedar Nath, Proprietorship Firm
Through Its Proprietor Kailash Chandra S/o Shri Surajmal
B/c Agarwal, Aged 66 Years R/o 24-A, Purani Dhanmandi,
1St Floor, Sri Ganganagar.
20. M/s Krishanlal Khetpal, Proprietorship Firm Through Its
(25 of 51) [SAW-418/2021]
Proprietor Krishanlal S/o Shri Bhagirah B/c Jat, Aged 65
Years, R/o Village 3-K, Mirjewala, Sri Ganganagar.
21. M/s Chunnilal Mandanmohan, Partnership Firm Through
Its Partner Chunni Lal S/o Shri Trilok Chand B/c Agarwal,
Aged 80 Years R/o 9-Chotti Dhanmandi, Sri Ganganagar.
22. M/s Rajdeep Traders, Partnership Firm Through Its
Partner Arjun Kumar S/o Shri Aatma Prakash B/c Arora,
Aged 67 Years R/o 98-Mukherji Nagar, Sri Ganganagar
And Sh. Harbhajan Singh S/o Shri Kartar Singh B/c
Kambo Sikh Aged 45 Years R/o Prem Nagar, Balwant
Singh Dhani, Sri Ganganagar.
23. M/s Harishchandra Surendra Kumar, Proprietorship Firm
Through Its Proprietor Surendra Kumar S/o Shri Baburam
B/c Agarwal, Aged 62 Years R/o 83-G-Block Sri
Ganganagar.
24. M/s Nekiram Ramkumar And Company, Partnership Firm
Through Its Partner Moola Ram S/o Shri Hariram B/c Jat,
Aged About 63 Years R/o 1-G-45, Jawahar Nagar, Sri
Ganganagar.
25. M/s Bhai Jivansigh Avtar Singh, Proprietorship Firm
Through Its Proprietor Avatar Singh S/o Shri Jeevan
Singh B/c Arora Sikh, Aged 79 Years, R/o 69-Adarsh
Nagar, Sri Ganganagar.
26. M/s Shyamsundar Harishkumar, Proprietorship Firm
Through Its Proprietor Rampratap Garg S/o Shri
Kanhiyalal Garg B/c Agarwal, Aged 65 Years, R/o 24-
Vinoba Basti, Sri Ganganagar.
27. M/s Omprakash Pawankumar, Partnership Firm Through
Its Partner Om Prakash Garg S/o Shri Kanhaiyalal Garg B/
c Agarwal, Aged 62 Years R/o 30-31, Vrandavan Vihar,
Opposite Bihani Children Academy, Sri Ganganagar.
28. M/s Krishna Trading Company, Proprietorship Firm
Through Its Proprietor Malkeet Singh S/o Shri Deewan
Singh B/c Jaat Sikh, Aged 76 Years R/o 5-M-21, Jawahar
Nagar, Sri Ganganagar.
29. M/s Ganganagar Trading Company Private Limited,
Partnership Firm Through Its Patner Duli Chand Borar R/o
66, Vrandavan Vihar, Gangapath Sri Ganganagar.
30. M/s Choudhary Maniram Rameshwarlal Godara,
Proprietorship Firm Through Its Proprietor Maniram S/o
(26 of 51) [SAW-418/2021]
Shri Puranram Godara B/c Jat, Aged 66 Years R/o
Bheenjhbiala, Tehsil And District Sri Ganganagar.
31. M/s Kundanlal Om Prakash Lohiya, Proprietorship Firm
Through Its Om Prakash Lohiya S/o Shri Kundanlal Lohiya
B/c Agarwal, Aged 68 Years R/o 104-New Dhanmandi, Sri
Ganganagar.
32. M/s Jaikaran Das Parmanand, Proprietorship Firm
Through Its Proprietor Parmanand S/o Shri Jaikaran Das
B/c Agarwal, Aged 67 Years R/o 116-New Dhanmandi, Sri
Ganganagar.
33. M/s Harbans Singh Jagroop Singh, Partnership Firm
Through Its Partner Major Singh S/o Shri Kapoor Singh B/
c Jatsikh, Aged 65 Years R/o Chak-3-F Chhoti, Shobha
Singh Wali Dhani, Tehsil And District Sri Ganganagar.
34. M/s Nagarmal Banwarilal, Partnership Firm Through Its
Partner Banwari Lal Goyal S/o Shri Nagarmal B/c Agarwal,
Aged 64 Years R/o 128-New Dhanmandi, District Sri
Ganganagar.
35. M/s Gurdev Singh Gurnek Singh, Partnership Firm
Through Its Partner Malkiyat Singh S/o Shri Aatma Singh,
B/c Jatsikh, Aged About 77 Years R/o 55-Purani
Dhanmandi, Shri Ganganagar.
36. M/ Tejbhan Jairam, Partnership Firm Through Its Partner
Manmohan Wadhwa S/o Shri Tejbhan B/c Arora, Aged 60
Years R/o 63-G-Block, District Sri Ganganagar.
37. M/s Shriniwas Nareshkumar, Proprietorship Firm Through
Its Proprietor Shrinivas Garg S/o Late Shri Ramswaroop
Garg B/c Agarwal Aged 75 Years R/o 137- New
Dhanmandi, Sri Ganganagar.
38. M/s Ambadas Devraj, Proprietorship Firm Through Its
Proprietor Kishanlal Mohta S/o Late Shri Ambadas Mohta
B/c Maheshwari, Aged 77 Years R/o 87-88 Gangaur
Nagar, Sri Ganganagar.
39. M/s Purshottam Das Vinayakumar, Proprietorship Firm
Through Its Proprietor Purshottam Das S/o Shri Surajmal
B/c Aggarwal, Aged 62 Years R/o 15-E Block, Sri
Ganganagar.
40. M/s Mangilal Shreyans Kumar Borar, Proprietorship Firm
Through Its Proprietor Mangilal Borar S/o Shri Champalal
B/c Oswal, Aged 72 Years, R/o 26-N-Block, Sri
(27 of 51) [SAW-418/2021]
Ganganagar.
41. M/s Jain Commercial Corporation, Partnership Firm
Through Its Partner Manikchand Borar S/o Shri Kashiram
Borar B/c Jain, Aged 85 Years R/o 38-39-D-Block, Sri
Ganganagar.
42. M/s Batra Flour Mill, Partnership Firm Through Its Partner
Shankar Lal Batra S/o Shri Chetan Das, B/c Arora, Aged
69 Years R/o 189-New Dhan Mandi, Sri Ganganagar.
43. M/s Musaddilal Ramnivas, Partnership Firm Through Its
Partner Indra Kumar Mittal S/o Shri Musaddilal B/c
Agarwal, Aged 62 Years R/o 213-New Dhan Mandi, Sri
Ganganagar.
44. M/s Surendrapal Singh Dalbindra Singh, Proprietorship
Firm Through Its Proprietor Smt. Jagjeet Kaur W/o Shri
Shamsher Singh B/c Sikh, Aged 69 Years R/o E-10,
Khalsa Nagar, Sri Ganganagar.
45. M/s Tilok Chand Karamchand Kukkar, A Partnership Firm
Through Its Partner Baldev Singh S/o Shri Niranjan Singh
B/c Jatsikh, Aged 60 Years R/o 218-New Dhan Mandi, Sri
Ganganagar.
46. M/s Harbans Lal Vinod Kumar, Proprietorship Firm
Through Its Proprietor Harbans Lal Wadhwa S/o Shri
Munshiram Wadhwa B/c Arora, Aged 72 Years R/o 32-G-
Block, Shri Ganganagar.
47. M/s Gangasahay Badrinath, Proprietorship Firm Through
Its Proprietor Indrapal Goyal S/o Shri Badrinath Goyal B/c
Agarwal, Aged 72 Years R/o 191-G-Block, Sri
Ganganagar.
48. M/s Sarnamal Mohanlal, Proprietorship Firm Through Its
Proprietor Mohanlal Mahipal S/o Shri Jwalaprasad Mahipal
B/c Agarwal, Aged 67 Years R/o 38-Swami Dayanand
Marg, Sri Ganganagar.
49. M/s Lohiya Brothers, Proprietorship Firm Through Its
Proprietor Om Prakash Lohiya S/o Shri Kundanlal Lohiya
B/c Agarwal, Aged 68 Years R/o 234-New Dhan Mandi, Sri
Ganganagar.
50. M/s Ashokkumar Hariprasad, Partnership Firm Through
Its Partner Jagdish Rai Mittal S/o Shri Munshiram B/c
Agarwal, Aged 75 Years, R/o 66-N-Block, Sri Ganganagar.
51. M/s Chananmal Indrachand, Partnership Firm Through Its
(28 of 51) [SAW-418/2021]
Partner Manohar Lal S/o Shri Pyare Lal, B/c Arora, Aged
60 Years R/o 556- Vinoba Basti, Sri Ganganagar.
52. M/s Nagauri Brothers, A Proprietorship Firm Through Its
Proprietor Ratanlal Nagaur S/o Shri Ganpatram, B/c
Agarwal, Aged 70 Years R/o 54-New Dhanmandi, Sri
Ganganagar.
53. M/s Gopiram Mukesh Kumar, Partnership Firm Through Its
Partner R/o Shop No. 81.
54. Krishi Upaj Mandi Samiti (Grains), Sri Ganganagar.
----Respondents
D.B. Spl. Appl. Writ No. 396/2021
1. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
2. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Appellants
Versus
1. M/s. Gangadas Rajkumar, Through Its Partner Surendra
Sihag S/o Sh. Kalu Ram Sihag, Aged 47 Years, R/o 1,
New Dhan Mandi, Sri Ganganagar.
2. M/s Choudhary Hetram Virendra Kumar Chandel, Through
Its Proprietor Smt. Babita Chandel W/o Sh. Virendra
Chandel, Aged 36 Years, R/o 6E-36, Jawahar Nagar, Sri
Ganganagar.
3. M/s Tilokaram Prathviraj, Through Its Proprietor Om
Prakash S/o Shri Prathiviraj, Aged About 49 Years, R/o 2-
F-21, Jawahar Nagar, Sriganganagar.
4. M/s Pujaralal Rajkumar, Through Its Partner Ramesh
Kumar S/o Late Shri Pujara Lal, Aged About 58 Years, R/o
91, H Block, Sriganganagar.
5. M/s Kishorilal Shyamsundar, Through Its Partner Rajic
Gupta S/o Late Shri Kishori Lal Gupata, Aged About 47
Years, R/o 16, C Block, Ravindra Path, Sriganganagar.
6. M/s Kishandas Jethanand, Through Its Partner Bhagwan
Das S/o Jethanand, Aged About 55 Years, R/o 32, New
Dhan Mandi, Sriganganagar.
7. M/s Maniram Sahu And Sons, Through Its Proprietor Om
Prakash Sahu S/o Shri Maniram Sahu, Aged About 54
(29 of 51) [SAW-418/2021]
Years, R/o Sahuwala, Tehsil And District Sri Ganganagar.
8. M/s Kishanda Gurdittaram, Through Its Proprietor Ashok
Kumar Madan S/o Shri Gurdittaram, Aged About 54
Years, R/o 103, G Block, Sriganganagar.
9. M/s Agrotech Services, Through Its Proprietor Suresh
Kumar S/o Shri Leeladhar Agarwal, Aged About 51 Years,
R/o 44, New Dhan Mandi, Sriganganagar.
10. M/s Rajasthan Traders, Through Its Proprietor Prabhu
Dayal S/o Shri Brijlal, Aged About 46 Years, R/o 49, New
Dhan Mandi, Sriganganagar.
11. M/s Lekhraj Khemraj, Through Its Partner Gurvinder
Kumar S/o Shri Laxmandas, Aged About 46 Years, R/o
120, Gandinagar, Gali No. 4, Sriganganagar.
12. M/s Rakharam Nareshchandra Sarna, Through Its Partner
Sanjay Kumar Sarna S/o Shri Naresh Chandra Sarna,
Aged About 50 Years, R/o 7/8, Gandhi Nagar,
Sriganganagar.
13. Kailashchandra Ramprakash, Through Its Partner Jai
Prakash S/o Shri Mohan Lal Agarwal, Aged About 43
Years, R/o 27, P Block, Sriganganagar.
14. M/s Kaluram Vijaykumar, Through Its Proprietor Vijay
Kumar Arora S/o Shri Kalu Ram Arora, Aged About 55
Years, R/o 25, Adarsh Nagar, Sriganganagar.
15. M/s Maisukh Hariram, Through Its Proprietor Om Prakash
S/o Shri Udaipal, Aged About 39 Years, R/o 1-A-18,
Jawaharnagar, Sriganganagar.
16. M/s Santal Suresh Kumar, Through Its Proprietor Santal
Soni S/o Shri Bhadar Chand Soni, Aged About 53 Years,
R/o 145, G Block, Sriganganagar.
17. M/s Rajkumar Mohitkumar, Through Its Proprietor Mohit
Soni S/o Shri Rajkumar, Aged About 23 Years, R/o 129 G
Block, Sriganganagar.
18. M/s H.R. Cotton Corporation, Through Its Partner
Rajkumar Chitlangiya S/o Shri Sohan Lal, Aged About 59
Yers, R/o 6, E Block, Sriganganagar.
19. M/s Choudhary Gheuram Chandulal, Through Its Partner
Nattu Ram S/o Shri Gheru Ram, Aged About 58 Years, R/
o Mirjewala, Tehsil And District Sriganganagar.
20. M/s Gurdas Rai Jitendra Kumar, Through Its Partner Raj
Kumar S/o Shri Surajbhan Jindal, Aged About 59 Years,
(30 of 51) [SAW-418/2021]
R/o 555, Vinoba Basti, Sriganganagar.
21. M/s Lalchand Bhangwandas, Through Its Partner Jagdish
S/o Shri Lal Chand, Aged About 55 Years, R/o 87,
Gowshalal Road, Opposite Jaipur, Sriganganagar.
22. M/s Hajarimal Omprakash, Through Its Partner Manoj
Pediwal S/o Shri Krishna Maheshwari, Aged About 47
Years, R/o 51, C Block, Sriganganagar.
23. M/s Modiram Bhagwandas, Through Its Partner Krishan
Kumar S/o Shri Bhagwandas, Aged About 50 Years, R/o
91 P Block, Sriganganagar.
24. M/s Dhajaram Jaidev, Through Its Partner Jaidev Gupta
S/o Shri Dhaja Ram Gupta, Aged About 59 Years, R/o
131, New Dhan Mandi, Sriganganagar.
25. M/s Sardar Lal Singh Sohan Singh, Through Its Partner
Bhawneet Singh S/o Shri Jitendra Pal Singh, Aged About
32 Years, R/o 136, New Dhan Mandi, Sriganganagar.
26. M/s Pawankumar Premkumar, Through Its Proprietor
Pawan Kumar Goyal S/o Shri Phoolchand Goyal, Aged
About 50 Years, R/o 139, New Dhan Mandi,
Sriganganagar.
27. M/s Laxminarain Vishwalal Bihani, Through Its Proprietor
Vinod Bihani S/o Shri Vishwa Lal, Aged About 57 Years,
R/o 115, Vrandawan Vihar, Gaganpath Sriganganagar.
28. Ms/ Taruram Dayaram, Through Its Partner Mahaveer
Prasad S/o Shri Sultan Ram, Aged About 52 Years, R/o
141 New Dhan Mandi, Sriganganagar.
29. M/s Hajarimal Suganchand, Through Its Proprietor Vikram
Chitalangiya S/o Shri Ramdeve Kumar Chitalangiya, Aged
About 35 Years, R/o Chitalangiya Cotton Ginning And
Pressing Factory, National Highway, 15, Sriganganagar.
30. M/s Om Praksh Sanwarlal, Through Its Proprietor
Hanuman Prasad S/o Shri Om Prakash, Aged About 37
Years, R/o 53-58, N Block, Sriganganagar.
31. M/s Omprakash Hanuman Prasad, Through Its Proprietor
Hanuman Prasad S/o Shri Om Prakash, Aged About 37
Years, R/o 53-58, N Block, Sriganganagar.
32. M/s Srikishan Vijaykumar, Through Its Partner Durga
Prasad Mundara S/o Shri Mohan Lal, Aged About 46
Years, R/o 1-E-8, Sukharia Nagar, Sriganganagar.
33. M/s Omprakash Vimalkumar, Through Its Partner
(31 of 51) [SAW-418/2021]
Bhanwar Lal S/o Shri Radha Kishan, Aged About 54 Years,
R/o 38 C Block, Sriganganagar.
34. M/s Narendrakumar Jaiprakash, Through Its Partner Jai
Prakash S/o Shri Omprakash, Aged About 58 Years, R/o
Village Fatuhi, Tehsil And District Sriganganagar.
35. M/s Loomkarandas Dhanwantarilal, Through Its Partner
Dilip Kumar S/o Shri Mahaveer Prasad, Aged About 50
Years, R/o Village Dungarsinghpura, Tehsil Sadulsahar,
District Sriganganagar.
36. M/s Mahaveer Prasad Kishankumar, Through Its
Proprietor Vijay Kumar S/o Shri Mahaveer Prasad Mittal,
Aged About 49 Years, R/o 1-G-26, Jawahar Nagar,
Sriganganagar.
37. M/s Lucky Goyal Trading Company, Through Its Proprietor
Ratan Lal S/o Shri Jamna Das, Aged About 47 Years, R/o
36, J Block, Sriganganagar.
38. M/s Lalgarhiya Corporation, Through Its Proprietor
Ghanshyam Das S/o Shri Nagar Mal, Aged About 58
Years, R/o 89, G Block, Sriganganagar.
39. M/s Laxmi Enterprieses, Through Its Proprietor Vinod
Kukkar S/o Shri Ramesh Kukkar, Aged About 30 Years, R/
o 150, P Block, Sriganganagar.
40. M/s Vikashkumar, Through Its Proprietor Vikas Kasania S/
o Shri Nathu Ram Kasania, Aged About 34 Years R/o
Mahianwali, Tehsil And District Sriganganagar.
41. Ms/ Bheemraj Mangalchand, Through Its Partner Krishan
Lal S/o Sahi Ram, Aged About 55 Years, R/o 185, New
Dhan Mandi, Sriganganagar.
42. M/s Sanjay Udhyog, Through Its Partner Jaspreet Singh
S/o Harcharan Singh, Aged About 37 Years, R/o 12,
Mujarjee Nagar, Sriganganagar.
43. M/s Verma Oil And Floor Mill, Through Its Partner Chandra
Shekhar S/o Shri Deendayal Soni, Aged About 30 Years,
R/o 24, J Block, Sriganganagar.
44. M/s Bhunwal Brothers, Through Its Partner Balwant Singh
S/o Shri Mani Ram, Aged About 45 Years, R/o 192, New
Dhan Mandi, Sriganganagar.
45. M/s Vinod Kumar Premkumar, Through Its Partner
Subhassh Chandra Goyal S/o Shri Phool Chand Goyal,
Aged About 55 Years, R/o 4-A-33, Jawaharnagar,
(32 of 51) [SAW-418/2021]
Sriganganagar.
46. M/s Sankoliya Brothers, Through Its Proprietor Pawan
Kumar S/o Shri Om Prakash Gaur, Aged About 41 Years,
R/o 288, Vinoda Basti, Sriganganagar.
47. M/s Dev Trading Company, Through Its Proprietor Yogesh
Goyal S/o Shri Purshottam Lal Goyal, Aged About 31
Years, R/o 1-D-10, Jawaharnagar, Sriganganagar.
48. M/s Lekhram Lunaram, Through Its Proprietor Lina Ram
S/o Shri Lekhram, Aged About 50 Years, R/o 3-J-4,
Jawaharnagar, Sriganganagar.
49. M/s Baljeet Singh And Sons, Through Its Proprietor
Maninder Singh S/o Baljeet Singh, Aged About 42 Years,
R/o 159, G Block, Sriganganagar.
50. M/s Begraj Rameshkumar, Through Its Partner Ramesh
Kumar S/o Shri Begraj, Aged About 48 Years, R/o 3, K
Block, Sriganganagar.
51. M/s Jaikarandas And Sons, Through Its Proprietor Smt.
Santosh Jindal W/o Shri Trilok Chand, Aged About 46
Years, R/o 242, New Dhan Mandi, Sriganganagar.
52. M/s Jamidara Trading Company, Through Its Partner Avtar
Singh S/o Shri Gurcharan Singh, Aged About 45 Years, R/
o 9-10, Ambika City, Sriganganagar.
53. M/s Choudhary Netram Rajeshkumar, Through Its
Proprietor Hansraj S/o Shri Net Ram, Aged About 50
Years, R/o 247, New Dhan Mandi, Sriganganagar.
54. M/s Biharilal Vijay Kumar, Through Its Proprietor Vijay
Kumar S/o Shri Sagar Mal Leela, Aged About 55 Years, R/
o 3-B-43, Jawahrnagar, Sriganganagar.
55. M/s Dhalarm Sohanlal, Through Its Partner Sohan Lal S/o
Shri Dhala Ram, Aged About 56 Years, R/o 104, G Block,
Sriganganagar.
56. M/s Balwant Singh Harbans Singh, Through Its Partner
Sunil S/o Shri Dhanpat Bhakar, Aged About 34 Years, R/o
10, New Dhan Mandi, Sriganganagar.
57. M/s Bhaprodia Brothers, Through Its Partner Jai Prakash
Garg S/o Shri Shriniwas Garg, Aged About 52 Years, R/o
28, K Blcok, Sriganganagar.
58. M/s Swaroop Singh Varyam Singh, Through Its Partner
Smt. Tarsem Kaur W/o Shri Swaroop Singh, Aged About
52 Years, R/o Village 20-Gg, Post Office 21-Gg,
(33 of 51) [SAW-418/2021]
Sriganganagar.
59. M/s Bhai Amolak Singh Gulab Singh, Through Its Partner
Jagdeep Singh S/o Shri Trilochan Singh, Aged About 49
Years, R/o 17, New Dhan Mandi, Sriganganagar.
60. M/s Vishambhardayal Leeladhar, Through Its Partner
Pawan Garg S/o Shri Leeladhar Garg, Aged About 45
Years, R/o 70, H Block, Sriganganagar.
61. M/s Vijay Traders, Through Its Partner Sushil Kumar
Goyal S/o Shri Dwarkadas Mundawala, Aged About 54
Years, R/o 28, New Dhan Mandi, Sriganganagar.
62. M/s Chhogmal Nagarmal, Through Its Proprietor Vinod
Goyal S/o Shri Nagar Mal, Aged About 47 Years, R/o 29,
New Dhan Mandi, Sriganganagar.
63. M/s Mahendra Kumar Pawan Kumar, Through Its Partner
Pankaj Garg S/o Shri Vishambhar Dayal Garg, Aged About
40 Years, R/o 24, H Block, Sriganganagar.
64. M/s Ramgopal Bajrangdas, Through Its Partner Bharat
Kochar S/o Shri Arun Kumar Kochar, Aged About 29
Years, R/o 5, Teli Mohalla, Sriganganagar.
65. M/s Rajbaksh Satishkumar, Through Its Partner Varun
Makar S/o Shri Ashok Kumar Makkar, Aged About 35
Years, R/o 414, Vinoba Basti, Sriganganagar.
66. M/s Gopal Brothers, Through Its Proprietor Gopal Chand
Khariwal S/o Shri Chananmal Khariwal, Aged About 57
Years, R/o 18-B, Swami Dayanand Marg, Sriganganagar.
67. M/s Lalata Prasad Satishkumar, Through Its Proprietor
Satish Kumar S/o Shri Lalata Pasad, Aged About 47
Years, R/o 46, K Block, Sriganganagar.
68. M/s Surajmal Nagarmal, Through Its Partner Ramdhan
Garg S/o Shri Geeta Ram Garg, Aged About 48 Years, R/o
4-D-21, Jawaharnagar, Sriganganagar.
69. M/s Madanlal Ramswaroop And Sons, Through Its Partner
Pramod Kumar Singal S/o Shri Ramswaroop, Aged About
46 Years, R/o 68, New Dhan Mandi, Sriganganagar.
70. M/s Naraindas Jagdish Rai, Through Its Partner Rajan
Kumar S/o Shri Amarnath, Aged About 44 Years, R/o 146,
Vinoba Basti, Sriganganagar.
71. M/s Mushiram Om Prakash, Through Its Proprietor Anil
Kumar S/o Shri Om Prakas, Aged About 56, R/o 3-C-14,
Jawahnagar, Sriganganagar.
(34 of 51) [SAW-418/2021]
72. M/s Yashpal And Company, Through Its Proprietor Vipin
Kumar S/o Shri Shyam Lal, Aged About 37 Years, R/o 1-
A-8, Jawaharnagar, Sriganganagar.
73. M/s Choudhary Chetram Shivnarain, Through Its Partner
Vinod Kumar S/o Shri Shiv Narain, Aged About 55 Years,
R/o 6-E-47, Jawaharnagar, Sriganganagar.
74. M/s Godara Traders, Through Its Partner Rajendra Kumar
S/o Shri Kashi Ram, Aged About 44 Years, R/o 2-F-27,
Jawaharnagar, Sriganganagar.
75. M/s Surendra Kumar Narendra Kumar, Through Its
Proprietor Narendra Kumar S/o Shri Mahaveer Prasad,
Aged About 49 Years, R/o 7, E Block, Sriganganagar.
76. M/s Rajesh Kumar Pawankumar, Through Its Proprietor
Pawan Garg S/o Shri Om Prakash Garg, Aged About 35
Years, R/o 30-31, Vradavan Vihar, Opposite Bihani
Children Academy, Sriganganagar.
77. M/s Rameshkumar Lajpat Rai, Through Its Proprietor
Kailash Chandra Mittal S/o Nanu Ram Mittal, Aged About
55 Years, R/o 1-C-21, Jawaharnagar, Sriganganagar.
78. M/s Khandelia Oil And General Mills Pvt. Ltd., Through Its
Director, Gauri Shankar Vyas S/o Shri Daulat Vyas, Aged
About 45 Years, R/o 540, Saale Ki Holi, Bikaner.
79. M/s Shivbhola Trading Company, Through Its Proprietor
Moolchand Gera S/o Shri Saidas Gera, Aged About 50
Years, R/o 12, Tilak Nagar, Sriganganagar.
80. M/s Nandlal And Sons, Through Its Proprietor Ajay Bansal
S/o Shri Nandlal Bansal, Aged About 47 Years, R/o 94,
New Dhan Mandi, Sriganganagar.
81. M/s Leela Trading Company, Through Its Partner Krishan
Leela S/o Shri Banwari Lal Leela, Aged About 54, R/o 97,
New Dhan Mandi, Sriganganagar.
82. M/s Madanlal Ramswaroop, Through Its Partner Rajendra
Prasad Singal S/o Shri Madan Lal Singal, Aged About 58
Years, R/o 103, New Dhan Mandi, Sriganganagar.
83. M/s Rambhaj Hanumanprasad, Through Its Partner
Pradeep Kumar Garg S/o Shri Hanuman Prasad, Aged
About 35 Years, R/o 64, D Block, Sriganganagar.
84. M/s Jasraj Balvinder Kumar Ahuja, Through Its Partner
Bhupendra Pal Ahuja S/o Shri Hans Raj Ahuja, Aged
About 59 Years, R/o 4-D-34, Jawaharnagar,
(35 of 51) [SAW-418/2021]
Sriganganagar.
85. M/s Gangajal Manojkumar, Through Its Partner
Dharmendra Kumar S/o Shri Rakha Ram, Aged About 46
Years, R/o 1-E-3, Jawaharnagar, Sriganganagar.
86. M/s Shyonath Rai Shyamsundar, Through Its Partner
Shyam Sundar S/o Shri Krishan Das, Aged About 48
Years, R/o 127, New Dhan Mandi, Sriganganagar.
87. M/s Jagannath Sribhagwan, Through Its Partner Sanjay
Garg S/o Shri Leeladhar Garg, Aged About 42 Years, R/o
70, H Block, Sriganganagar.
88. M/s Barar Brothers, Through Its Partner Hardayal Singh
S/o Shri Harbans Singh, Aged About 57 Years, R/o Chak
3, F Chhoti, Shobha Singh Wali Dhani, Sriganganagar.
89. M/s Seth Richhpal Jain And Sons, Through Its Proprietor
Girdhari Lal Jain S/o Shri Richhpal Jain, Aged About 45
Years, R/o 137, A Block, Padampur, District
Sriganganagar.
90. M/s Banarsilal Hanumanprasad, Through Its Partner
Pawan Kumar Mittal S/o Shri Banarsi Lal Mittal, Aged
About 48 Years, R/o 54, N Block, Sriganganagar.
91. M/s Pravesh Kumar Dinesh Kumar, Through Its Partner
Pravesh Kumar S/o Shri Hans Raj, Aged About 27 Years,
R/o 167, New Dhan Mandi, Sriganganagar.
92. M/s Mundawala Trading Company, Through Its Partner
Vijay Kumar Goyal S/o Shri Dwarkadas Mundawala, Aged
About 50 Years, R/o 171, New Dhan Mandi,
Sriganganagar.
93. M/s Bhanwarlal Rameshchandra, Through Its Partner Smt.
Veena Devi W/o Shri Vijay Kumar, Aged About 50 Years,
R/o 188, New Dhan Mandi, Sriganganagar.
94. M/s Agarwal Salt Company, Through Its Partner Gurbaksh
Rai S/o Shri Gopal Ram, Aged About 49 Years, R/o 89,
Gandhi Nagar, Sriganganagar.
95. M/s Brijmohan Vedprakash, Through Its Proprietor Satya
Prakash S/o Shri Rameshwar Das, Aged About 45 Years,
R/o 196, New Dhan Mandi, Sriganganagar.
96. M/s Radhakishan Shriram, Through Its Partner Manoj
Kumar S/o Chandu Lal, Aged About 41 Years, R/o 211,
New Dhan Mandi, Sriganganagar.
97. M/s Nathuram Rajkumar, Through Its Partner Lakhmi
(36 of 51) [SAW-418/2021]
Chand S/o Shri Damodar Das, Aged About 50 Years, R/o
212, New Dhan Mandi, Sriganganagar.
98. M/s Sunderdas Keshwanand, Through Its Partner Anil
Kumar S/o Shri Bhagirath Kesnia, Aged About 48 Years,
R/o Mahiyanwali, Tehsil And District Sriganganagar.
99. M/s Jain Trading Company, Through Its Proprietor Banwari
Lal S/o Shri Jamna Das, Aged About 55 Years, R/o 3-B-
38, Jawaharnagar, Sriganganagar.
100. M/s Ramsingh And Sons, Through Its Partner Sushil
Kumar S/o Shri Vinod Kumar Sahran, Aged About 38, R/o
Dungarsinghpura, Tehsil Sadulsahar, District
Sriganganagar.
101. M/s Sardar Sohan Singh Mukhtyar Singh, Through Its
Partner Mukhtar Singh S/o Shri Banta Singh, Aged About
58 Years, R/o 224, New Dhan Mandi, Sriganganagar.
102. M/s Pemraj Tarachand, Through Its Proprietor Rajnish
Kumar S/o Shri Nanu Ram, Aged About 38 Years, R/o
225, New Dhan Mandi, Sriganganagar.
103. M/s Om Trading Company, Through Its Partner Jashwant
Singh Godara S/o Daulat Ram Godara, Aged About 55
Years, R/o 226, New Dhan Mandi, Sriganganagar.
104. M/s Girdharilal Bhagwadas, Through Its Proprietor
Jaydeep Bihani S/o Late Shri Sushil Kumar Bihani, Aged
About 49 Years, R/o 229, New Dhan Mandi,
Sriganganagar.
105. M/s Ramswaroop Das Sant, Through Its Partner Vikas
Kumar S/o Shri Subhash Chandra, Aged About 40 Years,
R/o 235, New Dhan Mandi, Sriganganagar.
106. M/s Kisan Krish Upaj Kraya Kendra, Through Its
Proprietor Ghanshyam Das S/o Shri Chandu Lal, Aged
About 39 Years, R/o 249, New Dhan Mandi,
Sriganganagar.
107. M/s Jisanram Naurang Rai, Through Its Proprietor
Naurang Rai S/o Shri Rambhaj, Aged About 50 Years, R/o
248, New Dhan Mandi, Sriganganagar.
108. M/s Bishandayal And Company, Through Its Proprietor
Gagan Kumar Gupta S/o Shri Anand Prakash Gupta, Aged
About 42 Years, R/o 249, New Dhan Mandi,
Sriganganagar.
109. Kirshi Upaj Mandi Samiti (Grains), District Sriganganagar,
(37 of 51) [SAW-418/2021]
Through Its Secretary.
----Respondents
D.B. Spl. Appl. Writ No. 398/2021
1. State Of Rajasthan, Through The Secretary, Department
Of Agricultural, Government Of Rajasthan, Jaipur.
2. Agricultural Marketing Board, Krishi Bhawan, Jaipur
Through Its Director, Agriculture Marketing Board, Krishi
Bhawan, Jaipur.
----Appellants
Versus
1. M/s Bishan Das Mohan Lal, Proprietorship Firm Through
Its Proprietor Balkrishan Thareja S/o Shri Mohan Lal B/c
Arora, Aged 72 Years R/o 44, Purani Dhanmandi, Shri
Ganganagar.
2. Krishi Upaj Mandi Samiti (Grains), District Sri
Ganganagar.
----Respondents
D.B. Spl. Appl. Writ No. 414/2021
1. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
2. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Appellants
Versus
1. M/s. Shankarlal Sitaram, Through Its Partner Kalicharan
Agarwal S/o Shri Ram Kishan Agarwal, Aged About 50
Years, R/o 3-1-20, Jawaharnagar, Sriganganagar.
2. Krishi Upaj Mandi Samiti (Grains), District Sri
Ganganagar, Through Its Secretary.
----Respondents
D.B. Spl. Appl. Writ No. 415/2021
1. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
2. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Appellants
(38 of 51) [SAW-418/2021]
Versus
1. M/s. Jaishankar Seed Pvt. Ltd., Through Its Director Ravi
Shankar Gupta S/o Shri Laxmi Narain Gupta, Aged About
38 Years, Resident Of 115, G Block, Sriganganagar.
2. Krishi Upaj Mandi Samiti (Grains), District Sri
Ganganagar, Through Its Secretary.
----Respondents
D.B. Spl. Appl. Writ No. 416/2021
1. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
2. Agricultural Marketing Board, Krishi Bhawan, Jaipur
Through Its Director, Agriculture Marketing Board Krishi
Bhawan, Jaipur.
----Appellants
Versus
1. M/s Tulsa Ram Kanhaiya Lal And Sons, 183, New Mandi
Yard, Sriganganagar Through Its Partner Shyam Lal Ahuja
Aged About 50 Years, Resident Of Sriganganagar
(Address C-36, Prem Nagar, Gali No. 3 Sriganganagar).
2. Krishi Upaj Mandi Samiti (Grains), District Sri
Ganganagar, Through Its Secretary.
3. District Collector, Sri Ganganagar.
----Respondents
D.B. Spl. Appl. Writ No. 417/2021
Krishi Upaj Mandi Samiti (Grains) Sri Ganganagar, District Sri
Ganganagar, Through Its Secretary.
----Appellant
Versus
1. M/s. Mahipal And Sons, Through Its Partner Sanjay
Kumar Mahipal S/o Shri Shobha Chand Mahipal R/o 3-F-
10, Jawaharnagar, Sri Ganganagar (Raj.).
2. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
(39 of 51) [SAW-418/2021]
D.B. Spl. Appl. Writ No. 417/2021
Krishi Upaj Mandi Samiti (Grains) Sri Ganganagar, District Sri
Ganganagar, Through Its Secretary.
----Appellant
Versus
1. M/s. Mahipal And Sons, Through Its Partner Sanjay
Kumar Mahipal S/o Shri Shobha Chand Mahipal R/o 3-F-
10, Jawaharnagar, Sri Ganganagar (Raj.).
2. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director, Krishi
Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 419/2021
Krishi Upaj Mandi Samiti (Grains) Sri Ganganagar, District Sri
Ganganagar, Through Its Secretary.
----Appellant
Versus
1. M/s. Kharta Ram Norang Rai Partnership firm through
Partner's:
1. Rajendra Jandu S/o Late Shri Kharta Ram
2. Abhishek jandu S/o Shri Vijender Jandu
both Resident of Ward No.31, near Chaitali Enclave,
Friends Bank Colony, Sri Ganganagar (Raj.)
2. State Of Rajasthan, Through The Principal Secretary,
Agricultural Department, Secretariat, Government Of
Rajasthan, Jaipur.
3. Agricultural Marketing Board, Through Its Director,
Krishi Vipanan Nideshalaya, Krishi Bhawan, Jaipur.
----Respondents
For Appellant(s) : Mr. Karan Singh Rajpurohit, AAG with
Mr. Rajat Arora
Mr. Loon Karan Purohit
For Respondent(s) : Mr. Sanjeet Purohit
(40 of 51) [SAW-418/2021]
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MS. JUSTICE REKHA BORANA
JUDGMENT
Date of Pronouncement: 03/03/2022
By the Court: PER HON'BLE BORANA, J.
The present special appeals being arising out of a
common judgment have been heard and are decided jointly by
this common judgment.
The brief facts of the case are that for better administration
of buying and selling of agricultural produce and establishment of
market for agricultural produce in the State of Rajasthan, the
Rajasthan Agricultural Market Produce Act, 1961 (hereinafter
referred to as "Act of 1961") was enacted. For the purpose of
effective implementation of the provisions of the Act of 1961, the
Rajasthan Agricultural Market Produce Rules, 1963 (hereinafter
referred to as "Rules of 1963") were framed. The Act of 1961
provides for constitution of Market Samiti and the power of the
said Samiti to collect market fee as well as market committee
fund. The said fund is utilized for the purposes such as acquisition
of sites for the market, maintenance and improvement of market
etc. The Act also provides for the power of the Market Committee
regarding disposal of movable and immovable property.
At the inception, the shops in the Mandi yard were allotted
through auction as no separate guidelines/by-laws were provided
for the same. The said process was given challenge to in various
writ petitions filed before this Court. In the case of M/s. Ved
Prakash Ramesh Chandra & Company Vs. State of
Rajasthan and Ors. (D.B. Civil Special Appeal (Writ)
(41 of 51) [SAW-418/2021]
No.401/1996, decided on 06.03.2002) the Division Bench of this
Court directed the State Government to constitute a Committee to
formulate a policy for allotment of the shops. The operative
portion of the judgment as passed in Ved Prakash's case (supra)
is as under:
"Therefore, in the larger interest of public,
this Court feels that the State Government be
directed to constitute a committee to formulate a
policy for allotment of shops. It will be better
that the Committee consults the Mandi Samitis
as well as representatives of the traders and lays
down guidelines for making available the shops
to the traders so that the object of the Act of
1961 may be fulfilled without causing hardship to
the traders and loss to the Mandi Samiti. The
Committee should be constituted within one
month and it should take a decision within a
period of three months thereafter."
In pursuance of the above mentioned directions, the State
Government constituted a Committee and formulated a detailed
policy for allotment of the immovable property which came into
effect from 25.04.2005. The policy of 2005 provides for the
criteria, procedure, reservation as well as the price/cost of the
allotment to be made in the market yard. Clause 11 of the Policy
provided that those shopkeepers who already had the shops in the
Mandi Yard on rent basis would now be given preference for
conversion of the said shop from rent basis to lease basis. Clause
11(ख) of the Policy provided for an option to be given to such
shopkeepers to get their allotment converted to a lease for 49
years on such percentage of DLC Rates as may be decided by the
Government. In terms of the said Clause, the options were invited
from the shopkeepers.
(42 of 51) [SAW-418/2021]
An amendment was introduced in Clause 11( ख) of the Policy
of 2005 and it was provided that the allotment would be made @
25% of DLC rates as applicable on 01.04.2007. Vide the
amendment, the lease period was also extended from 49 to 99
years. Vide communication dated 30.04.2008, the options were
invited by the Committee to be submitted by 12.05.2008 and
along with the said communication, the calculation of the amount
to be paid for the purpose was also annexed. According to the
calculation, 25% of the DLC rate (Rs. 9792/- per sq. mtr.)
amounted to Rs. 2448/- per sq. mtr. It is relevant to note here
that on 01.04.2008, no separate DLC rate was fixed for the Mandi
Yard, therefore, the DLC rate of the nearest commercial area as
prevailing on 01.04.2007 was taken into account in terms of
Clause 2(7) of the Policy.
Vide letter dated 31.10.2008, the State Government directed
the Collectors of all the districts to fix the DLC rates for the Mandi
Yard. In pursuance thereof, the DLC rate for the Mandi Yard, Sri
Ganganagar was fixed as Rs. 4000/- per sq. mtr. for shops and Rs.
2000/- per sq. mtr. for godown/peed. On the said fixation being
enacted, a representation was filed on behalf of the shopkeepers
that as now in the year 2009 the DLC rates have been fixed as Rs.
4000/-, the rate calculated in the year 2007, that is, Rs. 9792/-
per sq. mtr. was exorbitant and therefore, the same may also be
modified.
Meanwhile, the second round of the allotment of the shops
was taken up by the Samiti and the DLC rates applicable for the
allottees was fixed to be at Rs. 9792/- per sq. mtr. Vide letter
dated 09.12.2010 of the Samiti, last opportunity was granted for
submitting the options for conversion on or before 31.12.2010.
(43 of 51) [SAW-418/2021]
Before the last date, that is, 31.12.2010, the petitioner submitted
its option for conversion with the specific averment that the
decision as passed by the Court in the writ petition filed by the Sri
Ganganagar Trader's Association would be agreeable to the firm.
Vide communication dated 17/18/23.02.2011, the petitioner firm
was informed that its option has been accepted and it was
directed to deposit the required amount. On 30/31.03.2011, the
first installment of the amount payable was deposited by the firm
and the second installment was deposited later on after taking
leave from the Court.
Meanwhile, the writ petition filed by the Trader's Association
as well as of various traders was decided by the Single Bench of
this Court vide judgment dated 18.11.2011, whereby, the matter
was remanded back to the respondent authorities for
determination of the DLC rates for the shops for which lease had
been granted w.e.f. 01.04.2007. The said judgment of the learned
Single Judge was affirmed by the learned Division Bench and
further the SLP against the same, filed by the Krishi Upaj Mandi
Samiti, was also dismissed. While disposing of the special appeal,
the Division Bench of this Court, vide order dated 20.04.2012,
directed that the determination of the DLC as on 01.04.2007 be
made by the District Level Committee. The operative portion of
the judgment dated 20.04.12 read as under:
"As agreed by the learned counsel for the parties,
let determination of rate as on 1.4.2007 be made by
the District Level Committee and a decision be taken
within a period of three months from the date of
receipt of certified copy of the judgment. The District
Level Committee has to duly consider the rates
determined by it with effect from 1.4.2008 and the
subsequent determination of the rates for Market Yard
as also the Govt. circular dated 31.10.2008. The
(44 of 51) [SAW-418/2021]
District Level Committee has to consider the aforesaid
aspect as specified in the Circular dt. 31.10.2008
issued by the Agriculture Department of State of
Rajasthan."
In pursuance to the directions of the Division Bench, the DLC
rates for the year 2007 were considered by the District Level
Committee and was fixed at Rs. 3670/- for shops.
But before the fixation of the said rates on 23.02.2013, an
amendment to Clause 11(ख) of the Policy of 2005 was introduced
on 26.09.2012 which read as under:
"vpy lEifr vkoaVu uhfr] 2005 ds fcUnq la[;k 11¼[k½ esa rqjUr izHkko ls fuEukuqlkj
la"kks/ku fd;k tkrk gS %&
izko/kku
fo|eku izko/kku la"kksf/kr izko/kku
la[;k
11 ¼[k½ eaMh izkax.kkas esa [email protected] eaMh izkax.kkas esa [email protected]
ds vkoaVh vuqKk/kkfj;ksa dks ds vkoaVh vuqKk/kkfj;ksa dks
31-12-2010 rd ;g fodYi 31-12-2010 rd ;g fodYi
lEcfU/kr e.Mh lfefr dks lEcfU/kr e.Mh lfefr dks izLrqr
izLrqr djuk gksxk fd os djuk gksxk fd os vkoafVr
vkoafVr [email protected] vkoaVu [email protected] vkoaVu "kqYd
"kqYd ¼fdjk;k½ i)fr ij j[kuk ¼fdjk;k½ i)fr ij j[kuk pkgrs
pkgrs gS vFkok yht i)fr esa gS vFkok yht i)fr esa
ifjofrZr djkuk pkgrs gSA ifjofrZr djkuk pkgrs gSA
vkoafVr [email protected] dks vkoafVr [email protected] dks
yht i)fr esa ifjofrZr djkus yht i)fr esa ifjofrZr djkus
dh n"kk esa vkoaVh }kjk fnukad dh n"kk esa vkoaVh }kjk fnukad
01-04-2007 dks izHkkoh Mh-,y- 01-04-2007 dks izHkkoh Mh-,y-lh-
lh- dh 25 izfr"kr nj ls Hkwfe dh 25 izfr"kr nj ls Hkwfe dh
dh jkf"k ns; gksxhA blds lkFk jkf"k ns; gksxhA blds lkFk
vkoaVh }kjk [email protected] dks vkoaVh }kjk [email protected] dks
yht i)fr esa ifjorZu djk;s yht i)fr esa ifjorZu djk;s
tkus ds le; d`f'k foi.ku cksMZ tkus ds le; d`f'k foi.ku cksMZ
ds }kjk fu/kkZfjr [email protected] ds }kjk fu/kkZfjr [email protected]
dk ewY; Hkh ns; gksxkA dk ewY; Hkh ns; gksxkA ftu
e.Mh izkax.kksa gsrq 01-04-2007 dh
i`Fkd ls Mh-,y-lh- nj fu/kkZfjr
gks x;h gS mu e.Mh izkax.kksa esa
mlh Mh-,y-lh- nj ¼100½
izfr"kr dks gh ekfld "kqYd ij
vkoafVr [email protected] dk 99
o'khZ; yht esa ifjorZu gsrq
vk/kkj ekuk tkosxkA yht esa
ifjofrZr nqdkuksa dh Hkh vkoaVu
nj dk iqu% fu/kkZj.k vxj gksrk
gS rks mijksDrkuqlkj Mh-,y-lh-
nj dks vk/kkj j[kuk gksxkA"
(45 of 51) [SAW-418/2021]
A crux of the above amendment was that for those mandi
areas where independent DLC rate has been fixed w.e.f.
01.04.2007, 100% of DLC rate would be payable for grant of lease
for shops which were earlier rented. It also provided that even if
re-determination of lease rate is made for the shops already
converted to lease, the above DLC rate would be applicable.
Being aggrieved against the said amendment dated
26.09.2012, the present writ petitions were filed on behalf of the
traders/shopkeepers. The writ petitions of the petitioners have
been allowed by the learned Single Judge vide judgment dated
11.07.2019 and the order dated 26.09.2012 introducing
amendment in Clause 11 (ख) of the Policy of 2005 to the extent it
provided for charging of 100% of DLC rate has been set aside qua
the petitioners and it has been directed that the original cost of
25% of DLC rate stipulated on 01.04.2007 be accepted from the
petitioners.
Aggrieved against the judgment dated 11.07.2019, the
present special appeals have been preferred by the State as well
as the Krishi Upaj Mandi Samiti.
In the present appeal, it has been argued on behalf of the
appellant State and the Krishi Upaj Mandi Samiti that the
impugned order dated 11.07.19 is bad for the reason that the
following Preliminary Objections and the grounds raised by the
appellant respondents have not been considered by the learned
Single Judge:-
(i) The policy under challenge is not a statutory policy and there
is a leverage available to the executive to take decisions and make
changes. Therefore, the Courts should refrain from interfering in a
policy which is not a statutory policy.
(46 of 51) [SAW-418/2021]
(ii) The present writ petition was delayed as the petitioners had
deposited the amount in the year 2011 and filed the present
petition in the year 2015 without any reasonable cause for the
delay.
(iii) Prior to the amendment, the rate calculated for the allotment
of shops came to be Rs. 2,448/- per sq. mtr. (25% of Rs. 9,792/-)
and now after the amendment being introduced, the same amount
would sum up to Rs. 3,670/- per sq. mtr. The said amounts do not
differ much and therefore, the amendment cannot be said to be
bad.
(iv) In the year 2015, the DLC rate of the nearby commercial
area of the Mandi Yard was Rs.27,850/- per sq. mtr. and what the
respondents claim to deposit would amount only to Rs.940/- per
sq. mtr. for shops. The same cannot be held to be reasonable to
any extent.
(v) 35% of the income of the appellant-Market Samiti has already
been deposited to the Director Agricultural Marketing Board in
terms of the Rules of 1974 and therefore, the refund of the
amount deposited by the traders in the year 2011 is not possible
at this stage for the Samiti.
(v) A huge amount has already been spent by the Samiti for the
maintenance and management of the Mandi Yard and also for
construction of Agro Trade Tower in new Mandi Yard at Krishi Upaj
Mandi Samiti, Sri Ganganagar (Grain) which is a project costing
about Rs.1107.61/- lacs.
(vi) The learned Single Judge has proceeded on the total wrong
assumption that in the year 2009 the allotments were made at the
rate of 25% of Rs.4000/- per sq. mtr. (the DLC rate fixed for the
(47 of 51) [SAW-418/2021]
year 2009). No allotment at the rate of 25% of Rs.4000/- was
ever made to anyone.
(vii) The basic intent behind the amendment was that earlier the
DLC rates were not fixed and after fixation of the same, there was
no point in extending the concession of 25% which was initially
granted where DLC rate of the nearby commercial area was taken
into consideration.
(viii) Earlier two similar amendments were introduced on
24.01.2011 and 24.03.2011 but the same are not under
challenge. So far as the amendment dated 26.09.2012 is
concerned, the matters of the petitioners were not finalized due to
pendency of the present litigation.
(ix) The District Level Committee which determined/fixed the
DLC rates, is headed by the District Collector of the respective
District but the District Collector and the DIGs (Stamps) have not
been impleaded as parties to the present writ petition and
therefore, the writ petition is not maintainable on the ground of
non-joinder of necessary parties.
(x) The petitioners had an alternative remedy available to it of
the civil suit to be filed after compliance of Section 21 of the Act,
1961. As the alternative remedy being available, the present writ
petition is not maintainable.
Per contra, counsel for the respondents-petitioners submitted
that the judgment passed by the learned Single Judge is perfectly
valid and in terms of law and deserves to be upheld.
Heard learned counsel for the parties and perused the
material available on record.
It is clear on record that the policy of 2005 came into effect
on 25.04.2005 and on that date, the provision of Clause-11 ( ख)
(48 of 51) [SAW-418/2021]
provided that the conversion of shops on lease basis would be
made on such percentage of DLC rates as may be decided by
the Government. In the said Clause, the amendment was
introduced on 26.03.2008 and it was decided that the
allotment/conversion would be made at the rate of 25% of the
DLC rates as applicable on 1.04.2007.
The said provision existed in the policy of 2005 up to
31.12.2010 when the petitioner firm submitted its option for
allotment and even till 31.03.2011, when the first installment of
the amount payable was deposited by the firm. The amendment in
question was introduced on 26.09.2012 which eventually had a
retrospective effect as it provided that even if redetermination of
lease rates is to be made for the shops already converted/allotted,
the 100% DLC rate would be applicable.
In the opinion of this Court, such retrospective effect to the
policy cannot be implemented so as to take away vested rights.
No policy can be given a retrospective effect so as to destroy or
take away pre-existing vested rights. As held by the Hon'ble Apex
Court in State of Punjab Vs. Nestle India Limited and Anr.
(Civil Appeal no. 6449/98, decided on 05.05.2004):
"Under our jurisprudence the Government is not
exempt from liability to carry out the representation
made by it as to its future conduct and it cannot on
some undefined and undisclosed ground of necessity
or expediency fail to carry out the promise solemnly
made by it, nor claim to be the judge of its own
obligation to the citizen on an exparte appraisement
of the circumstances in which the obligation has
arisen".
The above ratio as laid down by the Hon'ble Apex Court is a
perfect answer to the first argument of the Counsel for the
(49 of 51) [SAW-418/2021]
appellant that there is a leverage available to the executive to
take decisions and make changes.
It is clear on record that the petitioners' firm had submitted
its option on 31.12.2010 and therefore, by any stretch of
imagination, the amendment introduced on 26.09.2012 could not
have been applied to it. Therefore, the amendment dated
26.09.2012 in Clause (ख) of policy of 2005 so far as it provides for
applicability of 100% of DLC rates cannot be made applicable with
retrospective effect.
So far as the DLC rates of year 2007 is concerned, the same
was determined by the District Level Committee in pursuance to
the directions of this Court which order was affirmed by the
Hon'ble Apex Court too. The said decision was passed with the
specific finding that the DLC rates of a Mandi Yard cannot be
equated to a commercial area and therefore, separate/
independent DLC rates ought to be fixed for a Mandi Yard. The
said judgment was passed by the Division Bench of this Court on
20.04.2012 on the premise that the discrimination between the
rates payable by an allottee of the years 2007 and 2009 is bad.
Once a verdict of a Court has become final by all means, the same
cannot be allowed to be bye-passed in the garb of an amendment.
The finding given by the Division Bench in its judgment dated
20.04.2012 specifically makes it clear that there could be no
discrimination between the allottees of different years and
therefore, after determination of the DLC rates of the year 2007,
the same cannot be made payable at an enhanced rate in the garb
of an amendment. Therefore, by all means, the amendment dated
26.09.2012 can be termed to be bad so far as, it is made
applicable to the present petitioners.
(50 of 51) [SAW-418/2021]
So far as the ground of delay as raised by the counsel for the
appellants is concerned, it is clear on record that the association
of the traders as well as some traders were litigating the cause of
fixation of DLC rates for the year 2007 and the same was finalized
on 03.09.2012 when the SLP of the Samiti was dismissed by the
Hon'ble Apex Court. In pursuance to the directions of the Court,
the DLC rates for the year 2007 were finalized by the State only
on 23.02.2013. Therefore, the cause of action qua the amendment
dated 26.09.2012 arose to the present petitioners on 23.02.2013
only as the amendment refers only to those Mandi areas where
independent DLC rates for the year 2007 have been fixed.
It is clear that prior to 23.02.2013, the said amendment
could not have been made applicable to the petitioners. Therefore,
the writ petitions filed by the petitioners cannot be said to be
highly belated.
So far as the ground raised by the appellant that the amount
as deposited by the traders has already been used by the Samiti
in other development works is concerned, that cannot be a ground
for declining a relief to the petitioners which they are otherwise
entitled to. Moresoever, all the Collectors had been directed by the
State Government in the Year 2008 itself for fixation of DLC rates
for the mandi yard meaning thereby that the State was also
conscious that the same has to be calculated on the basis of the
DLC rates only. There had been the specific findings of the Court
too that the DLC rates of a commercial area and a mandi yard
cannot be equal. Inspite of the specific observations of the State
Government and the Courts, the Samiti proceeded on with the
allotment on the basis of the DLC rates of the nearest commercial
area. In the circumstances, none other than the Samiti itself can
(51 of 51) [SAW-418/2021]
be blamed for the same and therefore, cannot be held to be
entitled to any relaxation by this Court.
In view of the above observations, this Court is not inclined
to interfere with the judgment dated 18.11.2011 passed by the
learned Single Judge. The special appeals filed by the State as
well as the Krishi Upaj Mandi Samiti are therefore dismissed.
All pending applications also stand disposed of accordingly.
(REKHA BORANA),J (AKIL KURESHI),CJ
10-Ashutosh/Anil/Sachin/Abhishek
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