1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5400/09 M/s. Vikas Trading Co. & Anr. vs. State & Ors. Date of order : 4/5/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri O.P. Gupta for the petitioners. ****** Heard learned counsel for the petitioners. This writ petition has been filed by the petitioner against the order passed by the Agriculture Marketing Committee (Grain), Special Category, Jaipur dated 28.7.2008 by which the application of the petitioner for grant of 'B' class licence for doing the business of Mandi Paid-tax in Chandpole Mandi Yard, has been rejected on the ground that no more licences are being issued for Chandpole Mandi Yard. The petitioner's appeal was also dismissed by order of Assistant Director dated 29.9.08 upholding the aforesaid view taken by the Agriculture Marketing Committee. Learned counsel for the petitioner has referred to Section 4 and 40 of Rajasthan Agriculture Produce Market Act and Rule 69 and 72 of Rajasthan Agriculture Produce Market Rules to argue that there is no restriction for not issuing the licence to trade only for the notified marketing yard and therefore the respondents could not refuse to grant licence to the petitioner 2 for the Chandpole Marketing Yard. Consideration of the aforesaid arguments and the perusal of the impugned order clearly show that case of the petitioner was for issuing `B' class licence for Chandpole Marketing Yard only and not for the open market. When once the respondents have taken a policy not to issue any licence because Chandpole Marketing Yard, which has since been denotified, compelling the respondents to issue licence to the petitioner as per Section 69 even for the B class licence, for which it is necessary to trade in the notified yard, cannot be issued. The petitioner could not give an example that any such licence was issued even after Chandpole Marketing Yard was denotified. I do not find any merit in this writ petition. The writ petition is dismissed. (MOHAMMAD RAFIQ), J. RS/