M.M. Kumar, J.:- The petitioners have approached this Court by filing the instant petition under Article 226 of the Constitution for quashing Survey Report in respect of Subzi Mandi, Charkhi Dadri, dated 20.11.2007 (P-13) and declaring them in-eligible for allotment of shop plots being old licencees of Category (ii) (katcha arhtiya) under the provisions of the Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000 (for brevity, ‘the 2000 Rules’). A further prayer has also been made for directing the C.W.P. No. 18176 of 2007 respondents to allot shop plots to the petitioners on preferential basis on reserve price in the New Vegetable Market, Charkhi Dadri treating them eligible. The basic issue raised is ‘whether the petitioners are required to have licence as katcha arhtiya for five years on the last date fixed for submitting application, which was 14.11.2007, or it is completion of five years as on 1.1.2000, which would expand the original period of five years to 12 years’.

2. Facts lie in a narrow compass. The petitioner firms are engaged in the business of Commission Agent (katcha arhtiya) in Charkhi Dadri Town for different period. The petitioners have claimed that they are Category (ii) licence holder for doing the business of katcha arhtiya under Section 10 of the Punjab Agricultural Produce Market Act, 1961. They have been issued licences from time to time on payment of requisite fee as per provisions of Rule 17(6) of the Punjab Agricultural Produce Markets (General) Rules, 1962 (P-1 to P-11). Some of the petitioner firms are stated to be doing their business for more than 10 years regularly.

3. On 8.10.2007, the Chief Administrator, Haryana State Agricultural Marketing Board-respondent No. 3 sent a communication to the Estate Officer-cum-Secretary, Market Committee, Charkhi Dadri-respondent No. 4 in relation to allotment of shop plots on preferential basis on reserve price to the eligible old licencees of category (ii) (katcha arhtiya) in the New Vegetable Market, Charkhi Dadri under the provisions of the 2000 Rules (P-12). The eligibility of old licencees was to be determined by the Allotment Committee. Accordingly, respondent No. 4 was asked to inform all the old licencees of category (ii) (katcha arhtiyas) working in the old notified market yard and to invite applications on Proforma-‘A’ appended with the 2000 Rules and to determine their eligibility as per the provisions of Rule 3(1) of the 2000 Rules. After ascertaining eligibility, the list of eligible licencees was to be sent to respondent No. 3. In the letter dated 8.10.2007, detailed programme for conducting the draw of lots was also given, which shows that 14.11.2007 was the date by which the old licencees of category (ii) were required to submit their applications in Form-‘A’. Their eligibility was to be determined by 19.11.2007 and the list of eligible old licencees was to be displayed by 23.11.2007. The applicant could file objections upto 28.11.2007 and speaking orders by the Allotment Committee after considering objections, were to be passed upto 3.12.2007. The draw of lots was to be held on 7.12.2007.

4. The petitioners submitted their applications to respondent No. 4, who after conducting a survey on 16.11.2007 and 17.11.2007 in the Subzi Mandi, Charkhi Dadri, prepared a Survey Report alongwith list of eligible and in-eligible firms (P-13). All the petitioners were considered as in-eligible and against their names, in the column of ‘Description’ it has been mentioned that ‘Ineligible Licence after 1.1.95’.

5. The allotment of plots is regulated by the 2000 Rules and the basic reason for declaring them ineligible is that they do not fulfil the requirements of clause (iii) of sub-Rule (1) of Rule 3 of the 2000 Rules (P-14), which postulates that only those category (ii) licencees would be eligible for allotment of plots who had valid licence of two years on the date of first auction in the case of mandis where some au