ITEM NO.6 COURT NO.11 SECTION XV

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No. 11838/2022

(Arising out of impugned final judgment and order dated 17-05-2022

in DBSAW No. 157/2022 passed by the High Court of Judicature for

Rajasthan at Jodhpur)

ARG AGRITRADE PVT. LTD. Petitioner(s)

VERSUS

THE STATE OF RAJASTHAN & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.92395/2022-EXEMPTION FROM FILING

C/C OF THE IMPUGNED JUDGMENT and IA No.92394/2022-EXEMPTION FROM

FILING O.T. )

Date : 26-07-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.R. SHAH

HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Petitioner(s)

Mr. Basava Prabhu Patil, Sr. Adv.

Mr. Pushpinder Singh, Adv.

Mr. Darmendra Yadav, Adv.

Ms. Shalini Kaul, AOR

For Respondent(s)

Mr. Hanuman Singh, Adv.

Mr. Anurag, AOR

UPON hearing the counsel the Court made the following

O R D E R

We have heard Shri Basava Prabhu Patil, learned Senior

Advocate appearing on behalf of the petitioner and gone

through the impugned judgment and order passed by the High

Court. The impugned judgment and order passed by the High

Court is after considering Section 5-A of the Rajasthan

Agricultural Produce Markets Act, 1961 read with Rule 56-A of

Rajasthan Agriculture Produce Market Rules, 1963. The

submission on behalf of the petitioner that for establishment

contd.

Digitally signed by R

Natarajan

Date: 2022.07.28

14:25:24 IST

Reason:

Signature Not Verified

-

2 -

of private sub-market yard of having minimum 20 kms. distance

as provided for the establishment of the sub-market yard is

rightly rejected and not accepted by the High Court. There is

no such provision and/or condition mentioned either in Section

5-A of the 1961 Act or Rule 56-A of the 1963 Rules. It is to

be noted neither of the afore-stated provisions were under

challenge. In that view of the matter, the aforesaid

provisions are to be read as they are. Therefore, the High

Court has rightly observed that the provisions/conditions

which shall be applicable for the establishment of sub-market

yard shall not be applicable for the purpose of establishment

of private sub-market yard. When the aforesaid provisions were

not under challenge, it cannot be said that the High Court has

committed any error which calls for interference by this

Court. Under the circumstances, the Special Leave Petition

stands dismissed.

Pending application(s), if any, shall stand disposed of.

(NEETU SACHDEVA) (NISHA TRIPATHI)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR