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2009 Supreme(P&H) 835

M.M.KUMAR, H.S.BHALLA
Krishan Kumar Rohtas Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioners:Mr. Rakesh Nehra, Advocate.
For the Respondent No. 1: Ms. Ritu Bahri, DAG, Haryana.
For the Respondent Nos. 2 to 4:Mr. C.B. Goel, Advocate .

JUDGMENT

M.M. Kumar, J.:- The petitioners have approached this Court by filing the instant petition under Article 226 of the Constitution for quashing Survey Report in respect of Subzi Mandi, Charkhi Dadri, dated 20.11.2007 (P-13) and declaring them in-eligible for allotment of shop plots being old licencees of Category (ii) (katcha arhtiya) under the provisions of the Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000 (for brevity, ‘the 2000 Rules’). A further prayer has also been made for directing the C.W.P. No. 18176 of 2007 respondents to allot shop plots to the petitioners on preferential basis on reserve price in the New Vegetable Market, Charkhi Dadri treating them eligible. The basic issue raised is ‘whether the petitioners are required to have licence as katcha arhtiya for five years on the last date fixed for submitting application, which was 14.11.2007, or it is completion of five years as on 1.1.2000, which would expand the original period of five years to 12 years’.

2. Facts lie in a narrow compass. The petitioner firms are engaged in the business of Commission Agent (katcha arhtiya) in Charkhi Dadri Town for different period. The petit























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