Rajasthan High Court - Jaipur
M/S Goyal Trading Comp vs State (Agriculture Dep)Ors on 30 January, 2017
Author: M.N. Bhandari
Bench: M.N. Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B.Civil Writ Petition No. 9211 / 2015
M/s Goyal Trading Company through Shri Khem Chand Goyal,
Proprietor S/o Shri Shanker Lal Goyal R/o G-2, Jamuna Colony,
Plot No. 8, Ashirwad Apartment, Dehar Ke Balaji, Sikar Road,
Jaipur.
.... Petitioner
VERSUS
1.The State of Rajasthan through the Secretary to the
Government, Department of Agriculture, Government of
Rajasthan, Government Secretariat, Jaipur.
2.The Director Agriculture Marketing Board, Directorate of
Agriculture Marketing, Government of Rajasthan, Pant Krishi
Bhawan, Bhagwan Das Road, Jaipur.
3.The Secretary, Krishi Upaj Mandi Samiti (Anaz) Special
Category, Jaipur.
.... Respondents
_____________________________________________________ For Petitioner(s) : Mr. SL Sharma For Respondent(s) : Mr. Inderjeet Singh, AAG Mr. Sudeep Mathur _____________________________________________________ HON'BLE MR. JUSTICE M.N. BHANDARI Judgment 30/01/2017 With consent of the parties, the writ petition is heard finally. The petitioner has challenged the lease amount demanded by the respondents on allotment of shop in Kukar Kheda Mandi Yard. The lease amount demanded from the petitioner is Rs.70,000/- per sq. mtr. by treating it to be an allotment in second phase. The petitioner was entitled and should have been (2 of 3) [CW-9211/2015] allotted shop in the first phase where the lease amount charged from the allottees was @ Rs.1100/- per sq. mtr.
It is a case where petitioner applied for allotment of shop in first phase. He was not allotted shop thus a writ petition was filed bearing No.10370/2010. It was decided vide order dated 28.3.2014 with a direction of reconsideration of the case. It is after taking into consideration the documents submitted by the petitioner. The petitioner was given only 5 marks towards turn- over ignoring the actual turn-over. On re-consideration, the shop was allotted to the petitioner vide allotment letter dated 11.5.2015. The lease amount is @ Rs. 70,000/- per sq. mtr. has been charged treating it to be allotment in second phase though petitioner did not submit fresh application for it, rather, his case was reconsidered pursuant to direction of this court. It was obviously for allotment in first phase. In view of above, the lease amount should have been Rs.1100/- per sq. mtr. and not Rs.70,000/- per sq. mtr.
A similar issue was decided by this court in the case of M/s. Haldiya Enterprises Vs. The State of Rajasthan in SBCWP No.6816/2012 vide order dated 28.3.2014. The judgment therein was upheld by the Division Bench in Civil Special Appeal (Writ) No.1512/2014 vide order dated 23.11.2015. The same view was taken by this court in the case of Shah Shanti Lal Khushal Chand Vs. State of Rajasthan in SBCWP No.11022/2008 decided on 31.10.2012.
In view of aforesaid, the writ petition is allowed. The respondents are directed to charge lease amount at the rate of (3 of 3) [CW-9211/2015] Rs.1100/-per sq. mtr. from the petitioner by treating allotment to be in first phase. In fact, if proper valuation of turn-over would have been made in the first phase, the petitioner could have been allotted the shop without litigation earlier as well as the present litigation. In that eventuality, the lease would be at the rate of Rs.1100/- per sq. mtr. The lease @ Rs.70,000/- per sq. mtr. is accordingly substituted by Rs.1100/- per sq. mtr. If no amount has been paid then would be payable within a month with interest at the rate of 12% per annum for the intervening period i.e. from the date of allotment till date. It is, however, clarified that if the lease amount has already been paid at the rate given above then nothing would be payable by the petitioner and if excess has been paid then it be refunded with interest at the rate given above. The possession of the shop would be given immediately on its payment.
(M.N. BHANDARI)J. Sunita/34