Shivnarayan v. Farmer Welfare and Agriculture Development Department
2016-01-11
PRAKASH SHRIVASTAVA
body2016
DigiLaw.ai
ORDER 1. This writ petition is against the order dated 11.8.2015, Annexure P-6 by which the Collector Shajapur has directed shifting of the work to new Mandi premises as also the communication dated 31.8.2015 by which the Secretary of Mandi Samiti has directed to start the work in the new Mandi premises within 15 days. 2. In brief the case of petitioners, who are licensee, is that Krishi Upaj Mandi was established in the earlier place and petitioners are operating in old Mandi. They had filed Writ Petition No.1850/2011 challenging the order dated 29.1.2011 requiring the petitioner to shift the business from the old Mandi to the newly constructed mandi. The writ petition was disposed of by order dated 9.1.2012 directing Collector Shajapur to examine the petitioner's case and take appropriate decision. Thereafter the Secretary mandi Samiti had sent the detailed report to the Collector and Collector has passed the order dated 11.8.2015 examining the grievance of petitioners and directing them to shift the business to new Mandi premises. 3. Learned counsel for petitioners submits that the new Mandi premises is not yet fit for operation. The boundary wall is low, the high tension electric line is passing through it, the rate of plots is high and no proper notification about the new Mandi premises has been issued. 4. Counsel for respondents have opposed the writ petition. 5. Having heard the learned counsel for parties and on perusal of the record, it is noticed that the part of the business has already been shifted to the new Mandi premises. Various Cooperative Societies are already operating from new mandi premises. The reply of respondent No. 4 as also the documents Annexure R-7 enclosed therewith reveal that presently the sale of the agricultural produce is being done in the new Mandi premises whereas remaining activities such as weighing and payment is being done at the old premises which is situated 2 kms away from the new premises which is causing serious inconvenience to the farmers. Annexure P-5 which is the report sent by SDO to the Collector reveals that old premises is situated in the residential area and on account of the movement of the trucks and bullock-carts, the traffic is obstructed.
Annexure P-5 which is the report sent by SDO to the Collector reveals that old premises is situated in the residential area and on account of the movement of the trucks and bullock-carts, the traffic is obstructed. The document filed at page No. 25 of the writ petition also reveals the facilities which are available in the new mandi premises which include Office-cum-Rest house, Canteen, Boundary wall, Shop-cum godown, Trolley shed, Covered shed, Check-post, Toilet block etc. Crores of rupees have spent for constructing new mandi. Hence considering the public interest the Collector has not committed any error in passing the impugned order requiring the petitioners to shift the entire business in the new Mandi premises. 6. So far as allegation of inadequate area in the mandi premises is concerned, the petitioners have failed to point out that new mandi premises is smaller than the old mandi premises or what inconvenience will be caused on account of the area of the new mandi premises. The issue of boundary wall has been raised but counsel for respondents have pointed out that in the old mandi premises there is no boundary wall whereas in the new mandi premises there is a boundary wall and the only issue is about height of the boundary wall. 7. So far as the issue of high tension electric line is concerned, the communication sent by Assistant Engineer, Paschim Kshetra Vidyut Vitaran Company Annexure R-5 reveals that high-tension lines are at the sufficient height and there is no possibility of any accident. The same fact is also reiterated in the letter of certain societies which are filed as Annexure R-7 who have prayed for shifting the entire business activity in the new mandi premises. 8. In respect of rate of plots the Collector had issued the direction to reconsider thereafter the respondents have issued the advertisement Annexure R-6 for auction of the plot in accordance with the Rules of 1999. 9. In addition to this, all these issues have already been examined by the Collector in the order dated 11.8.2015 and suitable directions have been issued for removing the deficiency if any existing. 10. The reply of respondents also reveals that the notification dated 25th August, 2015 has been issued declaring the new area in terms of section 5(2)(a) of M.P. Krishi Upaj Mandi Adhiniyam 1972.
10. The reply of respondents also reveals that the notification dated 25th August, 2015 has been issued declaring the new area in terms of section 5(2)(a) of M.P. Krishi Upaj Mandi Adhiniyam 1972. It has been pointed out by counsel for respondents that similar notification in respect of another mandi area was subject matter of challenge in Writ Petition No.3363/2014 in the matter of Ram Karan v. State of M.P. [ 2015 RN 554 ], and the said writ petition has been dismissed by Single Judge by order dated 10th July 2015. 11. In these circumstances, the writ petition is found to be devoid of any merit which is accordingly dismissed.