HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 22366/2018

1.

K. Varg Yapar Sangh, Krashi Upaj Mandi Srimadhopur

Through Its Secretary, Prakash Chand Jain Son Of Shri

Deep Chand Jain, Resident Of Ward No.1, Khandela Road,

Srimadhopur.

2.

Pawan Kumar Choudhary Son Of Late Shri Makhan Lal

Choudhary, Resident Of Ward No.1 Srimadhopur

Chairman Of K. Verg Yapar Sangh, Krashi Upaj Mandi

Srimadhopur

----Petitioners

Versus

1.

State of Rajasthan Through Collector, Sikar.

2.

The Director, State Agricultural Marketing Board, Krashi

Pant Bhawan, Vaniki Path, C-Scheme, Jaipur.

3.

State of Rajasthan Through Secretary (Finance), GoR,

Secretariat, Jaipur.

4.

Krashi Upaj Mandi Samiti, Srimadhopur Through Its

Secretary.

----Respondents

For Petitioner(s)

:

Mr. M.M.Ranjan, Sr. Adv. with

Mr.Rohan Agarwal, Adv. and Mr.

Hemendra Sharma, Adv.

For Respondent(s)

:

Mrs. Manju Joshi, Adv.

Mr. Sachin Singh Rathore, Adv. for

Mr. Ajay Pratap Singh, Dy. G.C.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

19/09/2022

This writ petition has been filed by the petitioners seeking

mandamus to quash and set aside the orders dated 08.05.2018

and 13.09.2018, whereby the respondents have fixed the DLC rate

@ Rs.16,940/- per sq. meter as on 01.04.2007.

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[CW-22366/2018]

The petitioners have also prayed that direction should be

given to the respondents to allot shops and issue lease deed,

treating the DLC rate as Rs.2,200/- per sq. meter or Rs.4,400/-

per sq. meter as on 01.04.2007.

This case has a previous history of litigation as petitioners

earlier filed S.B. Civil Writ Petition No.13559/2016 before this

Court and this Court vide order dated 26.10.2016 disposed of the

writ petition directing the District Collector, Sikar to take final

decision on the recommendations made by the Sub Registrar

Srimadhopur, Sikar and the Deputy Inspector General,

Registration and Stamps, Sikar Circle within three months.

This Court also observed that the interim order dated

03.10.2016, passed by the Court during pendency of the writ

petition was to be abided by all the parties till final decision to be

taken by the District Collector and if the amount deposited by the

petitioner was in excess, after the DLC rates so determined by the

District Collector, then the same was to be adjusted towards future

payment and if any amount was found to be short, then the same

was required to be paid by the petitioner.

Learned Senior Counsel-Mr. M.M. Ranjan, appearing for the

petitioner submitted that after decision of the writ petition vide

order dated 26.10.2016 passed by this Court, the petitioners

approached the respondents by filing a detailed representation

and the Authorities by the impugned order, in its meeting held on

11.01.2017, have decided to charge the old rates, which was

arbitrarily fixed by the respondents and accordingly, the impugned

orders dated 08.05.2018 and 13.09.2018 have been issued.

Learned Senior Counsel submitted that the rate fixed by the

respondents, asking the members of the petitioner-Sangh to pay

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[CW-22366/2018]

Rs.16940/- per sq. meter is contrary to the policy which was made

by the respondents in the year 2005, relating to allotment of

shops in the Krishi Upaj Mandi on lease hold basis.

Learned Senior Counsel submitted that the members of the

petitioner-Sangh were required to be allotted shops for Gate No.2

& 3 @ Rs.2200/- and Rs.4400/- per sq. yard for shops at Gate

No.4, as per the policy and the respondents have acted arbitrarily

in fixing the rate.

Learned Senior Counsel submitted that the direction which

was given by this Court was to take into account the views which

were already given by the Sub Registrar, Srimadhopur, Sikar, and

other relevant reports, which were given by the Authorities before

the Committee but the same have altogether been ignored by the

Authorities a