HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 13282/2019

ARG Agritrade Pvt. Ltd., House No. 1114, Ward No. 13, Purani

Abadi Opposite Government School No. 4, Sri Ganganagar

Through Its Director Vijay Nagar S/o Shri Aad Ram, By Caste

Jat, Aged About 44 Years, Resident Of Chak 3 Ptm, Tehsil-

Mohangarh-2, District Jaisalmer.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Principal Secretary,

Agriculture And Horticulture Department, Government Of

Rajasthan, Jaipur.

2.

The Director, Agriculture Marketing Department, Pant

Krishi Bhawan, Jaipur- 302005.

3.

Regional

Joint

Director,

Agriculture

Marketing

Department, Division Jodhpur, Mandor Mandi Premises,

Mandor Road, Jodhpur.

4.

Krishi Upaj Mandi Samiti, Jaisalmer, Through Its

Secretary.

5.

M/s Pithewala Agro Products And Marketing Pvt. Ltd.,

Chak 1 Ptm, Tehsil- Mohangarh-2, District Jaisalmer,

Through Its Managing Director.

----Respondents

Connected With

S.B. Civil Writ Petition No. 12149/2019

ARG Agritrade Pvt. Ltd., House No. 1114, Ward No. 13, Purani

Abadi, Opposite Government School No. 4, Sri Ganganagar

Through Its Director Vijay Singh S/o Aad Ram, By Caste Jat,

Aged About 44 Years, Resident Of Chak 3, Ptm, Tehsil

Mohangarh-2, District Jaisalmer.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Principal Secretary,

Agriculture And Horticulture Department, Government Of

Rajasthan, Jaipur.

2.

The Director, Agriculture Marketing Department, Pant

Krishi Bhawan, Jaipur 302005.

(2 of 11)

[CW-13282/2019]

3.

Director/empowered Authority, Directorate Of Agriculture

Marketing, Government Of Rajasthan, Jaipur.

4.

Krishi Upaj Mandi Smiti, Jaisalmer, Through Its Sachiv.

----Respondents

For Petitioner(s)

:

Mr. B.S. Sandhu on VC

Mr. Manvendra Singh Bhati on VC.

For Respondent(s)

:

Mr. G.R. Punia, Senior Advocate

assisted by

Mr. Rajesh Punia on VC.

Mr. M.C. Bishnoi on VC.

Mr. L.K. Purohit on VC.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

07/02/2022

1.

In the wake of instant surge in COVID – 19 cases and spread

of its highly infectious Omicron variant, lawyers have been advised

to refrain from coming to Courts.

2.

These writ petitions have been preferred by the petitioner

(claiming itself to be a Company registered under the Companies

Registration Act) seeking the following reliefs:

CW No.

13282/2019

:

“1. By an appropriate writ, order or direction, the

license issued to the respondent No.5 dated 11.7.19

(Annexure- ) may kindly be declared illegal and the

same may kindly be quashed and set aside.

2. By an appropriate writ, order or directions, the

respondents no.1 to 4 be restrained from issuing any

license and establishing any sub market yard within

20 km of the petitioner’s sub market yard at chak 3

PTM, Tehsil Mohargarh-2, District Jaisalmer, in

violation of the rules of Act of 1961 and Rules of

1987.

(3 of 11)

[CW-13282/2019]

3. By an appropriate writ, order or directions, the

respondents be restrained from further establishing

sub market yard in District Jaisalmer without prior

survey of its viability and having specific policy for

establishing private sub market yard.”

CW No.12149/2019:

“1. by any writ, order or direction, the respondents

may kindly be directed to extend the market area

proper

of

the

petitioner

company

for

running/operating private Mandi subyard from Chak 3

PTM to the whole of Gram Panchayat Sultana, District

Jaisalmer.

2. any other appropriate writ, order or directions, the

negative report made by Sachiv, Krishi Upaj Mandi

Samiti (Ann.7) may kindly be quashed.”

3.

The bone of contention in the present case is two-fold,

namely, the exercise, which is said to be undertaken by the

respondents for the purpose of establishing another sub market

yard [at a distance of 2 kms. from the private sub market yard of

the petitioner, alrea