Rajasthan High Court - Jaipur
M/S Rameshwar Udyog vs State Agricultural Depand Ors on 31 October, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7792/2011
M/s Rameshwar Udyog, H-13, Suraj Pol Mandi, Jaipur, Through
Proprietor Mukesh Agrawal S/o Sh. Rameshwar Das Agrawal, R/o
1- Kha-29, jhwahar nagar, Jaipur.
----Petitioner
Versus
1. State Of Raj through Secretary, Agricultural Produce Market
Department, Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Agricultural Produce Market Department,
Government of Rajasthan, Krishi Bhawan, Bhagwan Das Road,
Jaipur.
3 Krishi Upaj Mandi Samiti, Alwar through Secretary.
----Respondent
For Petitioner(s) : Mr. Pankaj Thakuria For Respondent(s) : Ms. Neetu Singh for Ms. Manju Joshi, AAG HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 31/10/2019 Both the counsel submits that this writ petition may be decided in terms of the judgment passed by the Division Bench in DB Special Appeal Writ No.916/2013, whereby, in terms of the judgment passed by the Supreme Court in the case of Arihant Udyog Vs. State of Rajasthan & Ors. reported in (2017) 8 SCC 220, the order impugned passed by the Appellate Authority was set aside and the appeal preferred before the Appellate Authority was restored granting permission to the parties to file additional documents before the Appellate authority. (Downloaded on 07/06/2021 at 01:11:48 AM)
(2 of 2) [CW-7792/2011] In the present writ petition, the petitioners have assailed the judgment dated 11.04.2011 by the Appellate Authority-respondent No.2.
In view of the aforesaid judgment passed by the Division Bench and also following the judgment passed by the Supreme Court (supra), this writ petition is partly allowed and the judgment passed by the Appellate Authority dated 11.04.2011 is set aside. The appeal No.101/2005-06 is restored before the Appellate Authority-respondent No.2 and both the parties are permitted to file additional documents before the Appellate Authority.
In terms of the judgment (supra), it is further directed that till the appeal is decided, demand raised by the respondents on the appeal shall remain stayed.
All pending application shall stand disposed of.
(SANJEEV PRAKASH SHARMA),J Sunita Kanwar /31 (Downloaded on 07/06/2021 at 01:11:48 AM) Powered by TCPDF (www.tcpdf.org)