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2016 Supreme(P&H) 1031

S.J.VAZIFDAR, ARUN PALLI
Nohar Chand Subhash Chand – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. Sherry K.Singla, Advocate.
For the Respondent: Mr.Rajinder Goyal, Addl.AG Punjab.
For the Respondents No.2 & 3:Mr.Nitin Kaushal, Advocate.

JUDGMENT

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.


































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