Mr. S.J. Vazifdar, ACJ.: (Oral) - This petition raises an important question as to the interpretation of Rule 3(iii) and Rule 3(iii-a) of the Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999 (for short ‘the 1999 Rules’).

2. We find ourselves bound by a judgement dated 06.01.2015 passed by a Division Bench of this Court in the case of “M/s Narang Fruit Agency versus State of Punjab and others” in CWP No.13287 of 2014.

It is necessary, however, to set out the rules that have been relied upon on behalf of the respondents, who contend that the attention of the Division Bench had not been invited to the same.

3. The petitioner has sought a writ of certiorari to quash the orders rejecting his application for allotment of a plot in the New Grain Market, Mansa. The facts are as follows.

4. The petitioner was issued a license in the year 1999 under Section 10 of the Punjab Agricultural Produce Market Act, 1961 (for short ‘the Act’). The license was valid till 31.03.2002. It was renewed from 02.05.2002 to 31.03.2005. Unfortunately, the petitioner did not seek renewal of the license as required by the provisions of law which we will shortly refer to. He applied for the same only on 15.12.2005. The license was issued on 20.12.2005. It is the gap between 31.03.2005 and 15.12.2005 that the respondents rely upon in support of the impugned orders rejecting the petitioner’s application for the allotment of premises in the New Grain Market.

5. The allotment was sought pursuant to an advertisement issued by the respondents on 10.01.2008. The respondents contend that Rule 3(iii-a) dis-entitles the petitioner to the allotment of a plot in the New Grain Market. It is, however, necessary also to read Rule 3 (iii). Rule 3 insofar as it is relevant reads as under:

“3. Sale of plots – All plots in the markets developed by the Board or Committees shall be disposed of by way of open auction or allotment in accordance with the provisions of these rules:

Provided that not more than fifty per cent of the available plots shall be disposed of by way of allotment and the process of allotment shall be completed before conducting the sale by auction.

Provided further that the plots will be allowed to the licenced dealers of old market which are denotified resulting in displacement of such licenced dealers on free-hold basis for conducting business of purchase of sale of agricultural produce in the new markets on the following terms and conditions namely:-

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(iii) only those licensees shall be eligible for allotment of plots on the price, specified in clauses (i) and (ii), who have been granted licences in the old denotified markets for a minimum period of three years before the date of allotment. Such licensees must have submitted returns in Form M appended to the Punjab Agricultural Produce Markets (General) Rules, 1962 for all three years or such licensees shall have to furnish adequate proof of working in the denotified old markets. In accordance with the provisions of Form ‘H’ and Form ‘J’, as specified in the Punjab Agricultural Produce Markets (General) Rules,1962 read with the provisions of Form ‘F’, as specified in the bye-laws of the Market Committee for the aforesaid period of three years. The period of three years referred to above shall be counted with effect from the date of notice inviting applications for allotment.

Provided that only those licensees shall be eligible for allotment of plots, who have transacted the business of sale and purchase of agricultural produce for an amount, not less than five lacs rupees per annum during the last three years.

(iii-a) In case, a fresh licence has been issued during the last three years for the reason that prescribed period for renewal of previous licence has expired, the tenure of the period of licence shall be reckoned from the date of issue of previous licence. However, the fresh licence must have been issued within a period of three months after the expiry