CW/5597/2011 of SMT BARJI DEVI Vs STATE OF RAJ and ORS on 23 December 2011

JUDGMENT

1. S.B. CIVIL WRIT PETITION NO.6098/2011(Smt. Dakha Devi Vs. State of Rajasthan & Ors.)(Smt. Dakha Devi Vs. State of Rajasthan & Ors.)

2. S.B. CIVIL WRIT PETITION NO.799/2011(Smt. Kamla Devi & Ors. Vs. State of Rajasthan & Ors.)(Smt. Kamla Devi & Ors. Vs. State of Rajasthan & Ors.)

3. S.B. CIVIL WRIT PETITION NO.1430/2011(Smt. Gulab Kanwar & Ors. Vs. State of Rajasthan & Ors.)(Smt. Gulab Kanwar & Ors. Vs. State of Rajasthan & Ors.)

4. S.B. CIVIL WRIT PETITION NO.3076/2011(Smt. Chandarkanta & Ors. Vs. State of Rajasthan & Ors.)(Smt. Chandarkanta & Ors. Vs. State of Rajasthan & Ors.)

5. S.B. CIVIL WRIT PETITION NO.5477/2011(Kumari Heeramani & Ors. Vs. State of Rajasthan & Ors.)(Kumari Heeramani & Ors. Vs. State of Rajasthan & Ors.)

6. S.B. CIVIL WRIT PETITION NO.5597/2011(Smt. Barji Devi Vs. State of Rajasthan & Ors.)(Smt. Barji Devi Vs. State of Rajasthan & Ors.)

7. S.B. CIVIL WRIT PETITION NO.14206/2011(Smt. Rajesh Kumari Vs. State of Rajasthan & Ors.)(Smt. Rajesh Kumari Vs. State of Rajasthan & Ors.)

8. S.B. CIVIL WRIT PETITION NO.9057/2011(Smt. Renu Khandelwal Vs. State of Rajasthan & Ors.)(Smt. Renu Khandelwal Vs. State of Rajasthan & Ors.)

9. S.B. CIVIL WRIT PETITION NO.14737/2011(Smt. Soni Devi Vs. State of Rajasthan & Ors.)(Smt. Soni Devi Vs. State of Rajasthan & Ors.)

Date of Order :

23.12.2011

HON'BLE MR. JUSTICE ALOK SHARMA

Mr. Anil Mehta

Mr. Lalit Sharma

Mr. Imran Khan

Mr. Amit Jindal

Ms. Laxmi Kant

]

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], for the petitioners.

Mr. Inderjeet Singh]

Mr. Pradeep Kalwania]for the respondents.

These petitions pertain to allotment of plots inMuhana Mandi yard to the person in the category of womenagriculturist. The main grievance of the petitioners is that the commercial DLC rate at Rs.18750/- per sq. mtr. withreference to which allotment of plots in Muhana Mandi Yardto women agriculturist have been made is illegal exorbitantand arbitrary. It has been submitted that even though theallotments have been made at 50% of the aforesaidcommercial DLC rate, yet the determination of thecommercial DLC rate ought to be set aside by this Court asit is contrary inter alia to clause 2(7) of the allotment policy,2005.

The issue of allotment of plots with reference tothe commercial DLC rates has already been addressed bythis Court in S.B.C.W.P. No.3714/2009, Fal Sabji KretaVekreta Vyapar Sangh Vs. State of Rajasthan & Ors. andother connected petitions, decided on 08/12/2011 wherein ithas been held that the Krishi Upaj Mandi Samiti is notexpected to incur a loss in the allotment of plots to personswho are engaged in commercial activities. Holding so, thecommercial DLC rate of Rs.15,000/- per sq. mtr. – in thesaid cases – has been upheld.

Counsel for the respondents have submitted thatdifferences in the commercial DLC rates i.e. fromRs.15,000/- per sq. mtr. to Rs.18,750/- per sq. mtr. in theinstant case has arisen owing to the fact that the allotmentwith reference to the commercial DLC rate of Rs.15,000/-per sq. mtr. were made on 29.09.2008. He submits that the meeting for the allotments of the plots to the persons in thecategory of women agriculturist was held on 27.05.2010and in the meantime the commercial DLC rate at Muhanabus stand had increased to Rs.18,750/- per sq. mtr. It issubmitted that consequently the said rate was taken as areference point for allotment of plots at 50% of theaforesaid rate to the women agriculturist. Counsel for thepetitioners agree that on the principle involved in thepresent writ petitions, it cannot be doubt that the issue isfully covered under the judgment of this court in the case ofFal Sabji Kreta Vekreta Vyapar Sangh (Supra).

In this view of the matter, the writ petitions areaccordingly dismissed in terms of the order passed by thisCourt in S.B.C.W.P. No.3714/2009, Fal Sabji Kreta VekretaVyapar Sangh Vs. State of Rajasthan & Ors. and otherconnected petitions, decided on 08/12/2011.

Conclusion

Stay applications also stand dismissed.

(ALOK SHARMA), J