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2012 Supreme(Raj) 2199

ARUN MISHRA, SANGEET LODHA
Krishi Upaj Mandi Samiti, Sadulpur – Appellant
Versus
Abid – Respondent


For the Appellants:Ravi Bhansali, Advocate for the Krishi Upaj Mandi Samiti Sadulpur.
For the State: Pradhyuman Singh, Asstt. Government Counsel, for D.S. Rathore, Dy. Government Counsel.
For the Respondents:Sunil Beniwal and V.D. Dadhich, Advocates.

JUDGMENT

1. - There is delay in filing the intra court appeals. For the reasons mentioned in the applications, delay is condoned. Other defects are waived.

2. Heard on the question of admission.

3. The intra court appeals question the legality of the order passed by the Single Bench remitting the matter to the District Level Committee to determine the DLC rate for the area in the Mandi Yard in terms of the instructions issued by the State Government, Department of Agriculture, vide its order dated 31.10.2008.

4. Facts in short are that the Krishi Upaj Mandi Samiti invited applications for allotment of plots for the purpose of doing the business in the grains in the Market Yard, Sadulpur, District Churu. Earlier, the DLC rate was Rs. 4400 per square meter, which was revised on 7.12.2009 to Rs. 5200/- per square meter.

5. Thereafter, the DLC rate for commercial plots came to be revised to Rs. 10,000/- per square meter on the basis of order dated 13.10.2010 determining the rate for Ward No.2, as area of market yard was included in the Ward No.2. The aforesaid rate was applied by the Krishi Upaj Mandi Samiti, which was determined for other commercial areas of Ward No.2. Aggrieved thereby,










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