IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 29.01.2025 Date of Decision : 25.02.2025 M/s Jodha Ram Daulat Ram and another ...Petitioners V/S State of Haryana and others ...Respondents CORAM: HON’BLE MR. JUSTICE SURESHWAR THAKUR HON’BLE MR. JUSTICE VIKAS SURI Present : Mr. Sarvjit Singh Khurana, Advocate for the petitioners.

Mr. Ankur Mittal, Addl. AG Haryana with Mr. P.P. Chahar, Sr. DAG, Haryana, and Mr. Saurabh Mago, DAG, Haryana.

Mr. Pravindra Singh Chauhan, A.G. Haryana Mr. Ankur Mittal, Advocate for the respondent(s)-HSAMB.

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SURESHWAR THAKUR, J.

1. Through the instant writ petition, the petitioners have prayed for issuance of a writ in the nature of directions to the respondents concerned, to issue fresh Letter of Intent to the petitioners for shop plot allotted to them (i.e. Shop Plot No.2 and Shop Plot No.33) in New Vegetable Market, Bithwana, Rewari Market Committee, Rewari on reserve price, calculated under Haryana State Agricultural Marketing Board (Sale of Immovable Property), Rules 2000 (hereinafter referred to as ‘the Rules of 2000’) i.e. Rs.63,72,000/- as has been charged from the similarly situated allottees, instead of Rs.1,01,95,200/- as has been mentioned in the impugned letter of intent(s) dated 17.09.2024, as becomes issued to the petitioners.

2. The brief facts of the case are that respondent No.3 (Market Committee, Rewari) invited applications, for allotment of plots, thus on a preferential basis, on the apposite reserve price in New Vegetable Market, Rewari, at Bithwana, thus from the old licencees of category II (Katcha Arthiya) operating in old vegetable market.

3. The petitioners being fully eligible applied for the above mentioned plots, but respondent No.3 wrongly and illegally passed order dated 27.11.2013 whereby the petitioners were held to be not eligible for allotment of plot on preferential basis at the apposite reserve price, relevant portion whereof becomes extracted hereinafter.

“The documents submitted by you for the allotment of plot in New Vegetable Market, Rewari at Bithwana were scrutinized by the allotment Committee. After careful consideration of document in the light of Haryana State Agriculture Marketing Board (Sale of Immovable property) Rules 2000 amended vide Govt. notification No.1806 Agril- S(3)-2008. your firm found in-eligible for the allotment of plot in New Vegetable Market Rewari.”

4. The petitioners preferred thereagainst an appeal before respondent No.2 i.e. Chief Administrator, Haryana State Agricultural Marketing Board. The said appeal was allowed vide order dated 23.12.2013 and directions were issued to Market Committee to allot the plot to the petitioners, on reserve price, to be calculated in accordance with Immovable Property Rules, 2000 (hereinafter referred to as ‘the Property Rules’) and further respondent No.3 was directed to take necessary action within 15 days of receipt of order.

5. The petitioners made numerous requests to the respondent No.3 to allot the plot to the petitioners at reserve price by making compliance to the orders of respondent No.2 i.e. Annexure P-2 and P-3, but no action was taken and ultimately the respondent No.3 preferred revision petitions before respondent No.1, against the above-mentioned orders i.e. Annexure P-2 & P- 3 passed by respondent No.2. Finally respondent No.1 dismissed the above- mentioned revision petitions preferred by the respondent No.3 vide order dated 01.02.2023.

6. After passing of the above-mentioned orders in favour of the petitioners by respondent No.1, the petitioners again made numerous requests, both oral and written, to the respondent No.3 for allotment of plot on reserve price in New Vegetable Market, Rewari at Bithwana, thus for therebys complying with the orders Annexure P4 & P-5, thus passed by respondent No.1. In response thereto, the petitioners received a letter dated 12.06.2023 from respondent No.3 whereby the petitioners were informed to participate in the draw of lots, on 20.06.2023