AIR 2002 RAJASTHAN 285 ::(2002) 3 WLC(RAJ) 207 ::2002 (2) RajLR 703 ::2003 (1) RajLW 453

Rajasthan High Court

Hon'ble Judge(s): Arun Kumar , C.J. AND Prakash Tatia , J

(A) Rajasthan Agricultural Produce Markets Act (38 of 1961) , S.9— Allotment of shops - Application for - Invited by Samiti time and again - Petitioners submitting applications in pursuance of almost every advertisement - No allotment however made - Proces of inviting application continued for four years - Petitioner accepting said position and not challenging action of inviting fresh application - Writ petition filed after 7 years thereafter only when directions were given by Court to allot shops by adopting procedure of auction on basis of rent of shops - Petition suffers from delay and laches - Held no relief could be given to petitioners. Constitution of India , Art.226— (Para 19) (B) Rajasthan Agricultural Produce Markets Act (38 of 1961) , S.34A— Procedure for allotment of shops - Guidelines for, laid down by State Govt. - Are instructions within meaning of S. 34A - These instructions are binding on Samiti. The procedure for allotments of the shops or auction of the shops and guidelines for above purposes and fixing of the guidelines are certainly instructions for carrying of the purposes of the Act and falls within S. 34-A. It nowhere abdicates the power of the committee. Therefore, the State Government is legally competent to....