M/S. Murlidhar Bhagwandas vs Krishi Upaj Khadhyaan Vypaar ...
2023 Latest Caselaw 913 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 920/2022

M/s. Murlidhar Bhagwandas, Shop No. 88, Krishi Upaj Mandi, Bhilwar Athrough Proprietor Narayan Das Jethani S/o Sh. Dulanamal Jethani, Aged About 64 Years, R/o B-24, Shastri Nagar, Bhilwara.

----Appellant Versus

1. Krishi Upaj Khadhyaan Vypaar Sangh, Bhilwara Through Its General Secretary, Bhagwati Lal Bordiya Son Of Late Shri Harak Lal Bordiya, Address Mukhya Krishi Upaj Mandi, Bhilwara.

2. The State Of Rajasthan, Through Director Of Agriculture Directorate Government Of Rajasthan, Jaipur.

3. The Krishi Upaj Mandi Samiti, Bhilwara, Through Its Secretary, Bhilwara.

                                                                 ----Respondents


For Appellant(s)          :     Dr. Sachin Acharya, Sr. Advocate
                                assisted by Mr. Chayan Bothra
For Respondent(s)         :     None present

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

23/01/2023

Heard.

The delay of 30 days in filing the appeal is adequately

explained and is accordingly, condoned subject to objections of the

respondents on appearance.

Issue notice on the delay condonation application through

registered post.

(2 of 2) [SAW-920/2022]

In assailing the final order dated 22.02.2022 passed by the

learned Single Judge in exercise of writ jurisdiction, the present

intra court appeal has been preferred.

The submission of learned counsel for the appellant is that

once the Court has held that no adjudication is called for in the

writ petition, it was not open for the writ court to direct that the

order dated 23.12.2014 shall not operate for the persons who

have been allotted at least one shop. The aforesaid direction

virtually amounts to granting the relief claimed in the writ petition

without any adjudication.

Issue notice to the respondents, returnable within a period of

six weeks through registered post.

List this appeal for admission immediately thereafter.

In the meantime, learned counsel for the appellant may

remove the defects as pointed out by the office.

Till the next date of listing, the parties are directed to

maintain status quo with regard to the shops allotted to the

appellant.

Connect with DBSAW Nos.883/2022 and 884/2022.

(FARJAND ALI),J (VIJAY BISHNOI),J 137-Ajaysingh/-

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