Dismissed

M/S Baksha Ram and Company and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC25 Jul 2011CWP/12677/2010

Case brief

AI extract

What is this about?

This order consolidated numerous writ petitions seeking quashing of allotment rejections in a market plot draw. The court dismissed the petitions and relegated petitioners to file appeals under Rule 11 of the applicable 2000 Rules, specifying a three-month timeline for appellate decisions.

What did the court decide?

Writ dismissed; petitioners relegated to file appeal under Rule 11 of Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000.

M/S Baksha Ram and Company and Ors. Vs State of… — Property and Title | Punjab & Haryana HC (2011)

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Civil Writ Petition No. 12677 of 2010 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No. 12677 of 2010 Date of Decision:25.7.2011

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M/s Baksha Ram and company and others ..Petitioners

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Versus

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State of Haryana and others

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..Respondents

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CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA

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Present: Mr. Sanjiv Gupta, Advocate for the petitioners.

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Ms. Shruti Jain, AAG, Haryana for respondent no.1.

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Mr. Ramesh Hooda, Advocate for respondents no. 2 and 3.

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RAJIVE BHALLA, J (ORAL)

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This order shall dispose of Civil Writ Petitions nos. 12677, 12701, 12979, 13089, 13520, 13526, 13527, 13528, 13582, 13586, 13588, 13606 13607, 13608, 13624, 13638, 13702, 13749, 13750, 13751, 13752, 13770, 14345, 14351, 14421, 14461, 14469, 14886, 14897, 14910, 15175, 15180, 15222, 15275, 16731, 16737,16790, 18853, 18859,19100, 19102, 19116, 19131, 19135, 19185, 19186, 19187, 19188, 19189, 19447, 19160, 21625, 21655, 22862 of 2010 and 10868 of 2011, as they involve adjudication of similar questions of law and fact.

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The petitioners pray for issuance of a writ in the nature of certiorari for quashing orders rejecting their participation in the draw of lots conducted for allotment of plots/shops at reserve price in the New Sabzi Mandi, Hisar, established under the Punjab Agricultural Produce Markets Act, 1961 (hereinafter referred to as “the Act”) and

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Civil Writ Petition No. 12677 of 2010 2

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the Punjab Agricultural Produce Markets Rules, 1962 (hereinafter referred to as “the Rules”).

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During pendency of this petition, objections raised by the petitioners to the rejection of their applications have been reconsidered but rejected by the Allotment Committee on 22.6.2011. The petitioners are required to file an appeal under Rule 11 of the Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000 (hereinafter referred to as “the 2000 Rules”) before the Chief Administrator, Haryana State Agricultural Marketing Board.

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The petitioners are, therefore, relegated to their remedy of filing an appeal, in accordance with law. In case appeals are filed, they shall be considered, and decided on merits, after taking into consideration the eligibility criteria, as set out in Rule 3 of the Rules and by reference to the facts/documents pleaded in each individual case. while accepting or rejecting the appeal, the appellate authority shall pass a resoned order. The appeals shall be decided, within three months from their filing. No order as to costs.

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25.7.2011 VK

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( RAJIVE BHALLA ) JUDGE

M/S Baksha Ram and Company and Ors. v. State of Haryana and Ors.

Case brief

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M/S Baksha Ram and Company and Ors. v. State of Haryana and Ors.

Case brief

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What the court decided

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