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AUGUSTINE GEORGE MASIH, SANJIV BERRY
Bhagat Ram Kanhiya Lal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sanjiv Berry, J.
Present Writ Petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ of certiorari for quashing of the impugned order dated 14.09.2016 (P-14) passed by Additional Chief Secretary to Govt. of Haryana, Department of Agriculture and Farmers' Welfare.
2. In nutshell, the petitioners are old licencee of the category (ii) and had been transacting business of commission agents in Old Anaj Mandi, Chopta Bazar, Jhajjar. They were issued licence of category (ii) on 01.04.1976 and 08.08.1980 respectively under Section 10 of the Punjab Agricultural Produce Market Act, 1961 and the said licence had been renewed periodically. In the year 2002, respondents de-notified the Mandi (Grain Market) (Annexure P-2) and auction for new Grain Market was fixed for 01.12.2009. The petitioners being old licence holder were entitled for allotment of plots/shops at reserve price prevalent at that time on priority basis as per the Rule 3(1) of "The Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000 under the Punjab Agricultural Produce Market Act, 1961". Aggrieved with the auction notice dated 01.12.2009 pet
The main legal point established in the judgment is that delay and inaction on the part of the petitioner can disentitle them from the relief sought, especially when no right had accrued in their fav....
The court confirmed that allotment prioritization must adhere to established criteria, emphasizing the necessity to follow judicial directions in administrative decisions regarding fair price shop al....
A subsequent allottee can claim an alternative plot if the original plot is embroiled in legal issues, validating consumer rights under the Consumer Protection Act.
Subsequent allottees of fair price shops must be heard in appellate proceedings; failure to do so violates their rights and is contrary to established legal principles.
The main legal point established is that the power to cancel land allotment must be exercised within a reasonable time, and khatedari rights cannot be withdrawn after their conferment.
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