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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI ON THE 10th OF JANUARY, 2024 WRIT PETITION No. 27955 of 2021 BETWEEN:- AJAY FOOD PRODUCTS PVT. LTD. THR. ITS DIRECTOR MANISH GHAI S/O DARSHANLAL GHAI AGED ABOUT 45 YEARS OCCUPATION BUSINESSMAN R/O NEAR MADHAV NAGAR GATE KATNI, DISTT. KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THR. THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI DISTT. KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 28942 of 2021 BETWEEN:- R.K. DAL AND FOOD PRODUCTS (KATNI) PVT. LTD. THR. ITS DIRECTOR HARISH KUMAR DODANI S/O KHUPCHANDRA AGED 44 YEARS OCCUPATION BUSINESSMAN R/O NEAR MADHAV NAGAR GATE KATNI, DISTT. KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THR. THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI KATNI DIST.KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 28951 of 2021 BETWEEN:- JAY KISHAN INDUSTRIES THR. ITS PROOPRIETOR VIJAY KUMAR NAWANI S/O KISHAN CHANDRA NAWANI A/A 50 OCCUPATION BUSINESSMAN KARINE LANE MADHAV NAGAR GATE KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THR. PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMIT I KRISHI UPAJ MANDI SAMITI KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 217 of 2022 BETWEEN:- SHANKAR DAL UDYOGTHR. ITS PROPRITOR DAYAL DAS PANJWANI S/O LATE SHRI DEWAN DAS PANJWANI A/A 70 BUSINESSMAN R/O RAI COLONY, MADHAV NAGAR, KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THR. PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI KATNI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 222 of 2022 BETWEEN:- SHANKAR DAL MILL THR. ITS PROPRITOR DAYAL DAS PANJWANI S/O LATE SHRI DEWAN DAS PANJWANI A/A 70 OCCU. BUSINESSMAN BUSINESSMAN R/O RAI COLONY, MADHAV NAGAR, KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THR. THE PRINCIPAL SECRETARY DEPT OF AGRICULATURE VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 462 of 2022 BETWEEN:- PARASRAM MANNULAL DAL MILL PVT.LTD. THROUGH DIRECTOR AMIT DODWANI S/O PRATAP RAI DODWANI BUNGALOW LANE, MADHAVNAGAR KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY AGRICULTURE DEPTT. VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE DISTRICT BHOPAL (M.P) (MADHYA PRADESH) 3. SECR ETARY KRISHI UPAJ MANDI SAMITI VILLAGE KATNI (M.P.) (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 1664 of 2022 BETWEEN:- ADITYA INDUSTRIES THROUGH PRORITOR MAHESH HINDUJA S/O LATE SHRI HARIRAM HINDUJA, AGED ABOUT 48 YEARS, OCCUPATION: BUSINESSMAN R/O PLOT NO. HINDUJA SQUARE, NEAR BARA BUNGALOW, ROY COLONY KATNI, DISTRICT KATNI M.P. (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL M.P. (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN B O A R D RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE, BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI, KATNI MANDI SAMITI KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 2452 of 2022 BETWEEN:- SHRICHAND MOTUMAL THROUGH ITS PROPRIETOR RAJKUMAR SINGHANI, S/O MOTUMAL SINGHANI, AGED ABOUT 51 YEARS, OCCUPATION- BUSINESSMAN R/O KERIN LINE MADHAVNAGAR KRIPLANI NO. 42 MURWARA KATNI CEMENT FACTORY KATNI DISTRICT KATNI (M.P) (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDIR SAMITI KRISHI UPAJ MANDI SAMITI KATNI, (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 2454 of 2022 BETWEEN:- S. M. INDUSTRIES THROUGH ITS PROPRIETOR KAMAL KUMAR SINGHANI, S/O MOTUMAL SINGHANI, AGED ABOUT 50 YEARS, OCCUPATION- BUSINESSMAN R/O KERIN LINE, MADHAVNAGAR, KRIPLANI NO. 42, MURWARA KATNI CEMENT FACTORY KATNI, DISTRICT KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN, BHOPAL (M.P.) (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD, REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (M.P.) (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) WRIT PETITION No. 2701 of 2022 BETWEEN:- MAYANK PULSES THROUGH ITS PROPRIETOR HARISH KUMAR BAJAJ, S/O LATE SHRI ATMA RAM KHANWANI, AGED ABOUT 62 YEARS, OCCUPATION- BUSINESSMAN, R/O SHANTI NAGAR KATNI DISTRICT KATNI (M.P.) (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN, BHOPAL (M.P.) (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD, REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI KRISHI UPAJ MANDI SAMITI KATNI, DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 2708 of 2022 BETWEEN:- HARI OM PULSES THROUGH ITS PARTNER OM PRAKASH MULTNI, S/O LATE BALCHAND MULTANI, AGED ABOUT 65 YEARS, OCCUPATION- BUSINESSMAN R/O SHANTI NAGAR KATNI DISTRICT KATNI M.P. (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI KRISHI UPAJ MANDI SAMITI KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) WRIT PETITION No. 12052 of 2022 BETWEEN:- SHIV PULSES THROUGH ITS PARTNER RAM CHANDRA WADHWANI S/O SHRI DETA RAM WADHWANI AGED ABOUT YEARS OCCUPATION BUSINESSMEN IMALIYA ROAD MADHAV NAGAR ROAD KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJAY KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 18528 of 2022 BETWEEN:- MAHLOMAL TOLARAM THROUGH ITS PROPRIETOR JAI KUMAR SEWALNI S/O. SHRI ASHOK KUMAR SEWLANI A/A 42 OCCUPATION BUSINESSMAN R/O. SANT KAWAR RAM WARD KHAIBER LINE MADHAV NAGAR DISTRICT KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL M.P. (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI KATNI DISTRICT KATNI M.P. (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 19248 of 2022 BETWEEN:- MOHIT PULSES THROUGH ITS PROPRIETOR AJAY KUMAR TIRTHANI S/O SHRI UTTAM CHANDRA TIRTHANI AGED ABOUT 46 YEARS OCCUPATION BUSINESSMAN SANT KAWAR RAM WARD ROBERT LINE MADHAV NAGAR KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR, RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECRETARY, KRISHI UPAJ MANDI SAMITI KATNI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 19715 of 2022 BETWEEN:- DHARMLOK INDUSTRIES THROUGH ITS PROPRIETOR MOHAN LAL BATRA S/O LATE SHRI LOKUMAL BATRA AGED ABOUT 71 YEARS OCCUPATION BUSINESS R/O JAGMOHAN, DAS WARD NAI BASTI KATNI DISTRICT KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR, RAJYA KRISHI VIPRAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECRETARY, KRISHI UPAJ MANDI SAMITI, KATNI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 20084 of 2022 BETWEEN:- VISHWAS PULSES THROUGH ITS DIRECTOR MANISH RAHRA S/O SHRI RAJKUMAR ROHRA AGED ABOUT 39 YEARS OCCU. BUSINESS R/O JAYPRAKASH WARD NAI BASTI, KATNI, DISTRICT KATNI, DISTRIC KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI KATNI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 20260 of 2022 BETWEEN:- ANIL INDUSTRIES KATNI PVT. LTD. THROUGH ITS DIRECTOR ANIL KEWLANI S/O SHRI NOTANDAS KEWLANI AGED ABOUT 60 YEARS OCCUPATION BUSINESS ROBERT LINE MADHAV NAGAR KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENHT OF AGRICULTURE VALLABH BHAWAN DISTRICT BHOAPL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI KATNI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) WRIT PETITION No. 20406 of 2022 BETWEEN:- RAJKAMAL INDUSTTRIES THROUGH ITS PROPRIETOR VISHAL TIRTHANI S/ LAZMAN DAS TIRTHANI AGED ABOUT 43 YEARS OCCUPATION BUSINESS R/O HOUSING BOARD COLONY NEAR JAIN MANDIR NEHRU WARD MADHAV NAGAR KATNI DISTRICT KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT- BHOPAL (MADHYA PRADESH) 3. SECRETARY, KRISHI UPAJ MANDI SAMITI, KATNI DISTRICT-KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 20576 of 2022 BETWEEN:- SHIVLOK INDUSTRIES THROUGH ITS PROPRIETOR ARVIND MOHNANI S/O JHAMAN DAS MOHANANI AGED ABOUT 50 YEARS OCCUPATION BUSINESS HEMU KALANI WARD, SHANTI KUNJ COLONY SHANTI NAGAR BEHIND RAI COLONY BARAH BANGLOW MURWARA KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN DISTRICT BHOAPL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL M.P. (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI KATNI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 22091 of 2022 BETWEEN:- SHRIDHAR INDUSTRIES KATNI PVT. LTD. THROUGH ITS DIRECTOR ARUN SONI S/O SHRI MATHURA PRASAD SONI AGED ABOUT 40 YEARS OCCUPATION BUSINESS MAHATMA GANDHI WARD KRIPA NIWAS KATNI DISTRICT KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI KATNI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 23269 of 2022 BETWEEN:- PRIYAM PULSES S/O SHRI BRIJLAL POPTANI, AGED ABOUT 55 YEARS, OCCUPATION: THROUGH ITS PROPRIETOR SUNIL KUMAR (GURMUKH) POPTANI AND BUSINESS R/O KHAIBAR LINE, MADHAV NAGAR DISTRICT KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OFTHROUGH SECRETARY URBAN ADMINISTRATIONAND DEVELOPMENT DEPARTMENT MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECR ETARY KRISHI UPAJ MANDI SAMITI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 23272 of 2022 BETWEEN:- NICE AGRO INDUSTRIES THROUGH ITS PROPRIETOR MANISH KEWLANI S/O KANHAIYA LAL KEWLANI AGED ABOUT 36 YEARS OCCUPATION BUSINESS R/O T-16, KAIRAN LINE MADHAV NAGAR, NEAR OLD NIRANKARI BHAWAN ACHARYA KRIPLANI WARD NO.2, MURWARA KATNI, DISTRICT KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI KATNI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 23274 of 2022 BETWEEN:- PAWAN INDUSTRIES THROUGH ITS PROPRIETOR RAJESH MURJANI S/O SATRAMDAS AGED ABOUT 48 YEARS OCCUPATION BUSINESS R/O H. NO. 584, MES ACC COLONY MURWARA KATNI CEMENT FACTOR MURWARA DISTRICT KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI KATNI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 23282 of 2022 BETWEEN:- GOVIND INDUSTRIES THROUGH ITS PROPRIEOTR TAHALRAM KEWLANI S/O NANAKRAM KEWLANI AGED ABOUT 56 YEARS ARCHARYA KRIPLANI WARD NO.42 BEHIND SINDHU BHAWAN KAIRIN LINE MADHAV NAGAR MURWARA KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETRY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN BHOPAL (M.P.) (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 23285 of 2022 BETWEEN:- B.R. DALL UDYOG THROUGH ITS PROPRIETOR SURESH KUMAR RIJHWANI S/O SHRI NARAYAN DAS RIJHWANI AGED ABOUT 68 YEARS OCCUPATION BUSINESS INDUSTRIAL AREA BARGAWAN KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETRY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN BHOPAL (M.P.) (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 27094 of 2022 BETWEEN:- JAY MATA RICE AND DAL MILLS AUDHYOGIK CELL BARGAWAN KATNI THROUGH ITS PROPRIETOR MURLIDHAR RATNANI S/O BHOJRAJ RATNANI AGED ABOUT 55 YEARS SINDHU BHAWAN GALI HANUMAN GANJ WARD MURWARA KATNI DISTRICT KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPNAN BOARD REGIONAL OFFICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI KATNI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SAMDARSHI TIWARI - ADVOCATE FOR RESPONDENT NO.2 ) (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) WRIT PETITION No. 20469 of 2023 BETWEEN:- SANJAY INDUSTRIES THROUGH ITS PROPRIETOR SURESH KUMAR RATNANI S/O KISHAN DAS RATNANI AGED ABOUT 50 YEARS PLOT NO. 64 / 65 INDUSTRIAL AREA KATAYA GHAT ROAD KATNI DISTRICT KATNI (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU MISHRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. MANAGING DIRECTOR RAJYA KRISHI VIPAN BOARD REGIONAL OFFICE BHOPAL DISTRICT (MADHYA PRADESH) 3. SECRETARY KRISHI UPAJ MANDI SAMITI, KATNI DISTRICT KATNI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI MANOJ KUSHWAHA - ADVOCATE FOR RESPONDENT NO.3 ) This petition coming on for admission this day, the court passed the following:
ORDER
A common question of law being involved in this batch of writ petitions, they were heard analogously and are being disposed of by a composite order. For the sake of clarity and convenience the facts adumbrated in W.P. No.27955/2021 are being taken note of. 2. The facts as detailed in the body of the petition reveal that the petitioners are traders and dealing in Dal Mill Units. The petitioners purrhased raw pulses from various traders within the State and also outside the State.
Then, after processing the pulses, the said pulses were sold in the market.
3. In terms of Section 69 of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter referred to as the "Act of 1972") exemption was there by the State Government, to the agricultural produce which is processed in the Mandi to be purchased from outside the State and brought for processing. The petitioners were then shocked to receive the impugned notice dated 21-10-2021 by which the petitioners were called upon to deposit "Nirashrit Shulk" (Destitute Fees) for the years 2013-14, 2014-15 and 2015-16.
Similar notices were issued to the petitioners No.2 and 3 also, which have been brought on record as Annexure-P/2 and Annexure-P/3.
4. The petitioners submitted reply to the notices vide Annexure-P/4, Annexure-P/5 and Annexure-P/6, however, no action on the response on the reply submitted by the petitioners was made by the respondents. Thereafter, the petitioners were issued final notice dated 06-12-2021 which are contained in Annexure-P/7, Annexure-P/8, Annexure-P/8 and Annexure-P/9, whereby the petitioners were threatened that, if no amount is deposited the licences granted in favour of the petitioners would be cancelled and the amount mentioned in the impugned notice contained in Annexure-P/1, shall be recovered as arrears of land revenue. Thus, assailing the notice dated 06-12-2021 the instant petition is filed by the petitioners.
5. Learned counsel for the petitioners contends that in the present case, the show cause notice issued by the respondents was unsustainable, inasmuch as the show cause notice dated 21-10-2021 which is contained in Annexure-P/1 reflects that upon accounts verification for the years 2013-14, 2014-15 and 2015-16, it was found that the petitioners had not paid the "Nirashrit Fees"
(Destitute Fees). The said show cause notice having been issued beyond a period of three years, was unsustainable, in view of the provisions of Schedule 137 of the Limitation Act, 1963.
6. It is also contended by the learned counsel that the Legislature has framed the M.P. Nirashriton Avam Nirdhan Vyaktiyon ki Sahayata Adhiniyam, 1970 [for brevity "Act of 1970"], and in terms of the said Act, the "Nirashrit Fees" is to be recovered, so as to provide solace to destitutes and indigent persons and also for setting up homes for them. Learned counsel contends that Section 3 of the Act of 1970 provides that it is the duty of the Local Authority to implement the schemes and provide relief to destitutes. It is the further contention of the counsel that as per Section 4 of the Act of 1970, a Market Committee is required to render assistance to local authority. The Market Committee which is constituted under the M.P. Agricultural Produce Markets Act, 1960 [for short "Act of 1960"], is required to collect from the purchasers such agricultural produce at such rates, not more than 500 gms. per quintal, as the State Government may by general or special order specify it. The Collector by virtue of Section 4(2) of the Act of 1970 is empowered to pass an order regarding apportionment of twenty-five percent of the collection made by the Market Committee. The Collector is also required to apportion and deposit ten percent of the amount of collection made by a market committee into the State Destitute Fund.
7. Learned counsel for the petitioners also contends that Section 5-A of the Act of 1970 stipulates that agricultural produce shall be collected at the
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