[2025:RJ-JD:43495]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18302/2025 Bharat S/o Shri Kushtamal Bhansali, Aged About 31 Years, R/o 330 Near Jagdamba Mandir, Uparia Pada, Chohtan, District Barmer, President Of Barmer Mandi Trade Association, Barmer.

----Petitioner Versus

1. The State Of Rajasthan, Through The Principal Secretary, Department Of Agriculture, Government Of Rajasthan, Jaipur.

2. The Director, Krishi Vipanan Board, Pant Bhawan, C-

Scheme, Ashok Nagar, Jaipur.

3. The President, Krishi Upaj Mandi Samiti, Sindhari Chauraha, Barmer.

4. The Secretary, Krishi Upaj Mandi Samiti, Sindhari Chauraha, Barmer.

5. Shri Parasmal S/o Shri Manmal, Resident Of Mahavir Circle, Juna Kiradu Road, Barmer, Proprietor Of M/s Paras Warehouse, Barmer.

----Respondents For Petitioner(s) : Mr. Bheem Kant Vyas Mr. Krishna Kant Vyas For Respondent(s) : Mr. K.R. Saharan Mr. Devendra Singh Choudhan HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

25/09/2025

1. The present writ petition has been preferred with the following prayer:

“i) By an appropriate writ, order or direction, quash and set aside the impugned orders dated 27.09.2021 (Annex. 12), 10.12.2021 (Annex. 13), and the consequential issuance of Patta Villekh and Possession Letter dated 22.03.2022 (Annex. 19), as being illegal, arbitrary, without jurisdiction, and contrary to the Immovable Property Allotment Policy, 2005.

ii) By an appropriate writ, order or direction, declare the allotment made in favour of Respondent No. 5 as void and unenforceable, on account of violation of policy conditions, misuse of the godown premises, and breach of public trust.

iii) By an appropriate writ, order or direction, direct the respondents to conduct a fresh allotment of the rural godown of 1000 MT capacity strictly in accordance with Point No. 17 (A) of the Immovable Property Allotment Policy, and further direct the respondents to take necessary action against the misuse of the godown premises by Respondent No. 5, restoring the same to its intended purpose of agricultural storage.

iv) By an appropriate writ, order or direction, restrain respondents from permitting further misuse or commercial exploitation of the rural godown by Respondent No. 5. and direct the respondents to place before this Hon'ble Court the entire record and justification for reducing the lease amount in favour of Respondent No. 5.”

2. Brief facts as pleaded in the writ petition are that a 1000 MT capacity rural godown situated at Krishi Mandi, Barmer was allotted to respondent no.5 vide order dated 14.09.2016 (Annexure-8). Subsequently, Patta Villekh and possession letter was issued on 22.03.2022 (Annexure-19).

3. Learned counsel for the petitioner submits that the utilization of the godown allotted to the private respondent is de hors the Immovable Property Allotment Policy, 2005 as the said storage facility has been partitioned and rented out for carrying out commercial activities instead of storing the approved agricultural produce, thereby jeopardizing the interest of farmers who have right over the said godown. He further submits that the factum of the partition being made inconsistent with the prescribed type design was brought to the notice of the Secretary of Krishi Upaj Mandi Samiti, Barmer vide communication dated 30.01.2024 (Annexure-20) by Assistant Engineer, Rajasthan Krishi Vipan Board, Barmer. Subsequently, petitioner filed complaints on

29.07.2024 and 02.08.2024 (Annexures 21 & 22) however, it did

not yield any result. Therefore, learned counsel for the petitioner while making a limited prayer submits that the Director of Krishi Vipanan Board may be directed to conduct a preliminary enquiry/inspection of the godown and take necessary action.

4. Learned counsel for the private respondent, appearing on caveat, submits that the petitioner does not have any locus to challenge the allotment made in favour of respondent no.5. The petitioner is neither an interested party nor an affected party therefore, no caus