Disposed

M/S. Dharmendra Tulsiram Parihar v. State of Rajasthan

Rajasthan HC10 Dec 2021CW/1454/2020

Case brief

AI extract

What is this about?

The High Court directed petitioners seeking allotment of four shops in the Sabji Mandi to submit details of their three-year business turnover to determine priority. If entitled, immediate allotment is to be made. Respondents must decide within two months of receiving details.

What did the court decide?

Direction to petitioners to submit three years of business/details within 15 days; direction to respondents to consider entitlement within 2 months of receipt; immediate allotment if entitled.

M/S. Dharmendra Tulsiram Parihar Vs State of Rajasthan — Property and Title | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 17409/2019

¶3

Shakoor Mohd. Multani S/o Sh. Nathu Khan Multani, Aged About 44 Years, Resident Of 587, Mulani Colobu, Opp. Roadways Bus Stand, Jodhpur.

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Its Principal Secretary, Department Of Agriculture, Room No. 133, Pant Krishi Bhawan, C-Scheme, Jaipur - 302005.

¶7

Director, Agriculture Marketing Department, Government Of Rajasthan, Jaipur.

¶8

Additional Director, Agriculture Marketing, Division, Jodhpur.

¶9

Secretary, Krishi Upaj Mandi Samiti (Fal Sabji), Near Paota Circle, Jodhpur- 342001 (Raj.).

¶10

District Collector, Jodhpur, Office Of The District Collector, Collectorate Campus, Paota, Jodhpur.

¶11

----Respondents

¶12

Connected With

¶13

S.B. Civil Writ Petition No. 17411/2019

¶14

Abdul Rehman S/o Nathu Khan, Aged About 53 Years, Opp. Roadways Bus Depot, Bhadwasia, Jodhpur

¶15

----Petitioner

¶16

Versus

¶17

State Of Rajasthan, Through Its Principal Secretary, Department Of Agriculture, Room No. 133, Pant Krishi Bhawan, C-Scheme, Jaipur - 302005.

¶18

Director, Agriculture Marketing Department, Government Of Rajasthan, Jaipur.

¶19

Additional Director, Agriculture Marketing, Division, Jodhpur.

¶20

Secretary, Krishi Upaj Mandi Samiti (Fal Sabji), Near Paota Circle, Jodhpur- 342001 (Raj.).

¶21

District Collector, Jodhpur, Office Of The District Collector, Collectorate Campus, Paota, Jodhpur.

----Respondents

(2 of 4)

[CW-17409/2019]

S.B. Civil Writ Petition No. 1418/2020

¶26

M/s Tulsiram Kanaram, C/o N-6, Sabji Mandi Paota, Jodhpur Through Its Proprietor Tulsiram S/o Kanaram, Aged About 68 Years, Resident Of N-6, Sabji Mandi Paota.

¶27

----Petitioner

¶28

Versus

¶29

State Of Raj., Through Its Principal Secretary, Department Of Agriculture, Room No.133, Pant Krishi Bhawan, C- Scheme, Jaipur-302 005

¶30

Director, Agriculture Marketing Department, Government Of Rajasthan, Jaipur.

¶31

Additional Director, Agriculture Marketing, Division, Jodhpur.

¶32

Secretary, Krishi Upaj Mandi Samiti (Fal Sabji), Near Paota Circle, Jodhpur-342001 (Raj.)

¶33

District Collector, Jodhpur, Office Of The District Collector, Collectorate Campus, Paota, Jodhpur

¶34

----Respondents

¶35

S.B. Civil Writ Petition No. 1454/2020

¶36

M/s. Dharmendra Tulsiram Parihar, 1St A Road, Lodhon Ka Chowk, Gole Building, Sardarpura, Jodhpur Through Its Proprietor Dharmendra Parihar S/o Tulsiram Parihar, Aged About 48 Years, Resident Of 1St A Road, Lodhon Ka Chowk, Gole Building, Sardarpura, Jodhpur.

¶37

----Petitioner

¶38

Versus

¶39

State Of Rajasthan, Through The Principal Secretary, Department Of Agriculture, Room No.133, Pant Krishi Bhawan, C-Scheme, Jaipur - 302 005

¶40

Director, Agriculture Marketing Department, Government Of Rajasthan, Jaipur.

¶41

Additional Director, Marketing Department, Division, Jodhpur.

¶42

Secretary, Krishi Upaj Mandi Samiti (Fal Sabji), Near Paota Circle, Jodhpur-342001 (Raj.)

¶43

District Collector, Jodhpur, Office Of The District Collector, Collectorate Campus, Paota, Jodhpur.

----Respondents

(3 of 4)

[CW-17409/2019]

For Petitioner(s)	: Mr. Mr.	OP Mehta, on VC VD Gaur
For Respondent(s)	: Mr.	LK Purohit, on VC
	Mr.	KS Rajpurohit
	Mr.	KuldeepMathur

¶48

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶49

Order

¶50

10/12/2021

¶51

The petitioners have preferred these writ petitions, in sum and substance, claiming for the following reliefs:-

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SBCWP No.17409/2019

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“(i) By an appropriate writ, order or direction, the learned respondent authorities may kindly be restrained from making any allotment for any of 49 shops without following the due process of law and the provisional select list dated 19.04.2018 (Annex.4) may kindly be quashed and set aside;

¶54

(ii) In alternate, by an appropriate writ, order or direction, the respondent authorities may kindly be directed to place the name of the petitioner in the select list and allot him one shop out of total 49 shops earmarked for allotment;

¶55

(iii) By an appropriate writ, order or direction, the learned respondents may kindly be directed to prepare a fresh merit list of all the applicants after disclosing the method adopted by them to allot mark under each head.”

¶56

At the outset Mr. KS Rajpurohit, learned AAG, submits that the petitioner was required to give its three years’ of income tax return so that determination of the priority for the allotment of shops could be made.

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The financial details of the turnover for last three financial years be submitted before the respondents and they shall decide the same strictly in accordance with law.

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Counsel for the petitioner fairly submits that he shall submit details but the same may be decided by the respondents

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(4 of 4) [CW-17409/2019]

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expeditiously to protect the rights of the petitioner for seeking allotment of the ‘ Mandi ’ shops in-question.

¶61

In light of aforesaid submissions, these writ petitions are disposed of with a direction to the petitioners to give details of three financial years business done by it and once the details is submitted within fifteen days from today, the respondents shall consider the entitlement thereafter within a period of two months from receiving the representation as well as certified copy of this order strictly in accordance with law.

¶62

It is needless to say that after examining the financial details, if the petitioners are found entitled to receive allotment of the shops in-question, then immediate allotment be made.

¶63

(DR.PUSHPENDRA SINGH BHATI),J.

¶64

152-155-nirmala/Sanjay-

M/S. Dharmendra Tulsiram Parihar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

M/S. Dharmendra Tulsiram Parihar v. State of Rajasthan

Case brief

What is this about?

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