Himachal Pradesh High Court
Sh. Rajeev Panjta vs The State Of Himachal Pradesh on 8 September, 2021
Bench: Ravi Malimath, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 06th DAY OF SEPTEMBER 2021
BEFORE
.
HON'BLE MR. JUSTICE RAVI MALIMATH,
ACTING CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 3847 of 2021
Between:-
SH. RAJEEV PANJTA
SON OF SH. CHAMAN LAL PANJTA,
AGED ABOUT 43 YEARS,
OCCUPATION: UNEMPLOYED,
RESIDENT OF FLAT NO. A-1,
SHOOLINI ENCLAVE,
SHILLY ROAD,
NEAR SHOOLINI MATA MANDIR,
SOLAN, TEHSIL AND DISTRICT SOLAN, (H.P.)
.....PETITIONER
(BY SH. ADITYA THAKUR, ADVOCATE)
AND
1. THE STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
(AGRICULTURE) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA (H.P.)
2. THE MANAGING DIRECTOR,
H.P. STATE AGRICULTURAL MARKETING BOARD,
VIPAN BHAWAN, KHALINI, SHIMLA (H.P.)
3. THE SECRETARY,
AGRICULTURE PRODUCE MARKET COMMITTEE,
SOLAN, P.O. CHAMBAGHAT, TEHSIL AND
DISTRICT SOLAN (H.P.)
.....RESPONDENTS
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2
(SH. ASHOK SHARMA, ADVOCATE GENERAL
WITH SH. VIKAS RATHORE, SMT. RITTA
GOSWAMI AND SH. RANJAN SHARMA,
ADDITIONAL ADVOCATES GENERAL, FOR R-1
.
SH. INDERJIT SINGH, ADVOCATE, FOR R-2 AND R-3)
____________________________________________________
This writ petition coming on for admission this day,
Hon'ble Ms. Justice Jyotsna Rewal Dua, passed the
following:
ORDER
Petitioner has prayed for a direction to the respondents to renew his registration as a Commission Agent in Agricultural Produce Market Committee (APMC), Solan and to allocate its Shed No.20 to him.
2. The case of the petitioner is that he was registered as a Commission Agent in the year 2012 under the Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005, under the name and style of Noila Fruit Traders (NFT). He was registered as such with Agricultural Produce Market Committee Solan. This registration was valid till 31.03.2020. Under this licence, the petitioner work as Commission Agent till 31.03.2020. The petitioner submitted an application for renewal of his registration in June 2020, but the respondents have not renewed the registration in his favour. Learned counsel for the ::: Downloaded on - 31/01/2022 23:02:21 :::CIS 3 petitioner argued that no dues from the petitioner are outstanding. The petitioner is ready to deposit usual fee and .
other charges for renewal of his registration. Respondent cannot in an arbitrary and whimsical manner refuse to renew his registration.
3. Learned counsel for respondents No.2 and 3 on the other hand justified non-renewal of the petitioner's registration as a Commission Agent. It was submitted that several complaints were received against the petitioner and another person for non-payment of Apple Sale Proceeds by them. The petitioner was found to be a repeated defaulter. The complaints were also referred to the Special Investigation team (SIT) of the Police Department constituted by the State Government for the purpose vide letters dated 9.10.2019, 25.10.2019 and 20.11.2019 for lodging prosecution against such spurious traders. Repeated communications and notices of default were issued to the petitioner by the respondents in accordance with the provisions of the Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005. Faced with this, invoking Section 40 of the Act, registration of the petitioner was cancelled on 20.11.2019. Section 40(4) the Himachal Pradesh Agricultural and Horticultural Produce Marketing ::: Downloaded on - 31/01/2022 23:02:21 :::CIS 4 (Development and Regulation) Act, 2005, empowers the Committee constituted under the Act to cancel the registration .
of the Market Functionaries. It reads as under:-
"(4) The committee may register or renew the registration or refuse registration or renewal of the registration or cancel the registration on any of the following grounds:-
(I) If the applicant is a minor;
(ii) if the applicant has been declared defaulter ; or
(iii) if the applicant has been found guilty under this Act, the rules and byelaws made thereunder."
It is also submitted that the petitioner has an efficacious remedy available under Section 68 of the Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005, to file appeal against the order dated 20.11.2019.
4. We have heard learned counsel for the parties and gone through the material available on record.
According to the reply, FIR No.7/2020 has been registered against the petitioner and another person on 17.02.2020 under Section 406, 420 and 34 of the Indian Penal Code for non-payment of apple sale proceeds of growers at Police Station CID Bharari, Shimla H.P. ::: Downloaded on - 31/01/2022 23:02:21 :::CIS 5 According to the respondents, during investigation it has come on record that the petitioner .
alongwith another person have not paid apple sale proceeds to 170 Apple Growers. In such situation where FIR is already registered against the petitioner, Committee constituted under the Act has invoked its power under Section 40 of the Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005, to cancel petitioner's registration on ground of him being a defaulter etc. In light of facts as have come on record, once the petitioner's registration is cancelled, then the directions for its renewal cannot be issued to the respondents. Petitioner is at liberty to avail appropriate remedy in accordance with law against cancellation of his registration to act as a commission agent.
This petition being devoid of merit is dismissed. Pending miscellaneous application, if any, shall also stand disposed of.
( Ravi Malimath ) Acting Chief Justice ( Jyotsna Rewal Dua ) Judge September 06, 2021 (rohit) ::: Downloaded on - 31/01/2022 23:02:21 :::CIS