Dismissed

M/S Sogarwal and Sons v. Krishi Upaj Mandi Samiti

Rajasthan HC13 Apr 2023CW/2381/2023

Case brief

AI extract

What is this about?

Petitioner filed writ seeking direction to respondents to accept application for Trader A Class Broker (Joint) Licence. Court directed petitioner to apply afresh and respondents to consider it within eight weeks, ignoring the impugned State Government order dated 21.08.2012.

What did the court decide?

Petitioner directed to apply afresh for Trader A Class Broker (Joint) Licence. Respondents to consider it within eight weeks, ignoring State Government order dated 21.08.2012.

M/S Sogarwal and Sons Vs Krishi Upaj Mandi… — Public Procurement and Tenders | Rajasthan HC (2023)

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[2023/RJJP/006559]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2381/2023

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M/s Sogarwal And Sons, New Mandi, Station Road, Bharatpur, Rajasthan Through Partner Govind Singh S/o Shri Moti Singh Aged About 59 Years, R/o 120/42, Arjun Nagar, Mathura Road, Bharatpur.

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----Petitioner

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Versus

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Krishi Upaj Mandi Samiti, Special Category, Bharatpur Through Its Secretary.

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The State Of Rajasthan Through The Additional Chief Secretary, Agriculture Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Deputy Secretary To The Government Agriculture (Group-2) Department, Rajasthan Secretariat, Jaipur.

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The Director, Agriculture Marketing, Pant Krishi Bhawan, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Dinesh Chand Gupta For Respondent(s) : Mr. Ajay Pratap Singh Ms. Neetu Singh Mr. Yash Joshi Ms. Manju Joshi

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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13/04/2023

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Counsel for the petitioner submits that the issue involved in this writ petition has been considered and decided by the Coordinate Bench of this court in the matter of Smt. Rajesh Vs. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No.10900/2022) wherein on 02.09.2022, the following order was passed:-

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“This writ petition has been filed seeking a direction for the respondents to accept the

(2 of 3)

[2023/RJJP/006559]

[CW-2381/2023]

application form dated 29.06.2022 for issuance of Trader “A” Class Broker (Joint) Licence for New Mandi, Bharatpur.

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Learned counsel for the petitioner submits that her application for issuance of the Trader Licence was not accepted by the respondents citing the order of the State Government dated 21.08.2012 which has already been held to be not applicable by a co-ordinate Bench of this Court in case of Nekram Vs. State & Ors.; S.B. Civil Writ Petition No.93/2013, vide its order dated 11.03.2015. He submits that in a S.B. CiviL Writ Petition No.6859/2022; Vishnu Singh Vs. The State of Rajasthan & Ors. involving identical controversy, this Court directed vide its order dated 26.07.2022 the respondents to consider the application filed for issuance of Trader Licence in terms of order passed in case of Nekram (supra).

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Per contra, learned counsel for the respondent No.4 submitted that since the petitioner has not even applied for grant of licence, the writ petition is not maintainable.

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Heard. Considered.

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Without entering into the rival claims made by the learned counsels for the respective parties, this writ petition is being disposed of in following terms:-

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“(i) the petitioner shall apply afresh for issuance of Trader “A” Class Broker (Joint) Licence for New Mandi, Bharatpur within a period of a week from today.

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(ii) if any such application is made, the same shall be considered by the respondents in accordance with law without taking into consideration the order of the State Government dated 21.08.2012 within a period of eight weeks thereafter.”

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Counsel for the respondents have not disputed the submissions made by the counsel for the petitioner.

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[2023/RJJP/006559]

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[CW-2381/2023]

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In that view of the matter, this writ petition is disposed of in the following terms:-

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(i) the petitioner shall apply afresh for issuance of Trader “A” Class Broker (Joint) Licence for New Mandi, Bharatpur within a period of a week from today.

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(INDERJEET SINGH),J

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Upendra Pratap Singh /26 (same)

M/S Sogarwal and Sons v. Krishi Upaj Mandi Samiti

Case brief

What is this about?

What did the court decide?

M/S Sogarwal and Sons v. Krishi Upaj Mandi Samiti

Case brief

What is this about?

What did the court decide?

What the court decided

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