1 (1)S.B.CIVIL WRIT PETITION NO.6769/2007 (Purshottam Mundra v. State of Rajasthan & Ors.) (2)S.B.CIVIL WRIT PETITION NO.6770/2007 (Gautamchand Jain v. State of Rajasthan & Ors.) Date of Judgment :: 13 th March, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Manoj Bohra for Mr. Rajesh Joshi, for the petitioner. Mr. K.L.Thakur, Additional Advocate General. Mr. Vivek Shrimali for Mr. Ravi Bhansali, for the respondents. ( In SBCWP NO.6769/2007 ) Mr. Sandeep Shah, for the petitioner. Mr. K.L.Thakur, Additional Advocate General. Mr. Vivek Shrimali for Mr. Ravi Bhansali, for the respondents. ( In SBCWP NO.6770/2007 ) ........ These two petitions for writ came up for orders on applications preferred under Article 226(3) of the Constitution of India for vacating interim orders granted to restrain Secretary, Krishi Upaj Mandi Samiti (Anaj), Jodhpur from making any allotment of shops in pursuant to the notification dated 1.10.2007, however, with consent of counsel for the parties, the matters are heard for final disposal. The noticeable facts of the cases are that with an object to have marketing at the place of production the Government of Rajasthan proposed to establish a “Jeera (Cumin Seeds) Mandi” at Jodhpur, 2 accordingly, the Secretary, Krishi Upaj Mandi Samiti (Anaj) Mandore by a notification dated 23.12.2006 invited applications for allotment of land on lease as per “Achal Sampati Aavantan Neeti – 2005” (hereinafter referred to as “the policy of 2005”). The case of the petitioners is that though the policy of 2005 so also the notification dated 23.12.2006 provide that traders having atleast three years experience in business of notified agricultural produce and the farmers residing within the jurisdiction of the Krishi Upaj Mandi Samiti concerned having atleast one hectare agricultural land in their names shall be eligible to be considered for allotment of shops, but the respondents with a view to extend extra support to certain persons decided to ignore the conditions referred above. It is stated that the petitioners in pursuant to the notification dated 23.12.2006 applied for allotment of land for shops and subsequent change in mode and criteria for allotment is in violation of doctrine of promissory estoppel. It is also urged that the criteria adopted by the respondents is in violation of the police of 2005. A reply to the writ petition has been filed on behalf of the respondents emphasising that the police of 2005 is applicable for general mandis 3 whereas the instant one is a matter relating to a mandi established for specific purpose i.e. to provide marketing at the place of production. It is also urged that the object of relaxing the conditions with regard to three years experience and having one hectare land in the area concerned, is to widen the zone of consideration to attract maximum possible traders and farmers to involve themselves in Jeera business. Heard counsel for the parties and considered the rival contentions. The first contention of counsel for the petitioners is that the doctrine of promissory estoppel estopes the respondents from changing any mode and criteria for allotment of land in Jeera Mandi. It is well settled that the principle of doctrine of promissory estoppel comes in operation only if a party has acted upon the representation made by some other party and that creates a valuable right. In the instant matters, as a matter of fact merely applications were invited and as such no right accrued in favour of the petitioners for allotment of land. Thus, there is no question of any promise and its adherence. The next contention of counsel for the petitioners is also having no merit as the Government as a policy adopted a criteria which is in larger 4 public interest. Such an administrative policy is not at all open for interference of this Court under Article 226 of the Constitution of India, if that is not unreasonable and improper. The act of the respondents in no way is improper or unreasonable. Hence the writ petitions are having no merit and, therefore, are dismissed. ( GOVIND MATHUR ),J. Kkm/ps.