HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5136 of 2009 Date of Decision: 25.10.2010 **** M/s. Babu Ram Parkash Chand . . . . Petitioner VS. State of Punjab & Ors. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Varun Gupta, Advocate for the petitioner Mr. H.S. Brar, Addl. AG Punjab Mr. RS Cheema, Advocate for respondents No.2&3 ***** SURYA KANT J. (ORAL) {1}. The petitioner-firm challenges the appellate order dated 22.01.2009 (Annexure P8), declining allotment of plot developed by the Punjab Mandi Board, on the solitary ground that the petitioner-firm has got original receipts to prove that the business transacted by it during the years 2005-06, 2006-07 & 2007-08 was of more than `5 lacs per annum and thus, it fulfills the eligibility conditions contained in Rule 3(iii) of the Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999. It is urged that the appeal preferred by the petitioner-firm has been dismissed by the Appellate Authority by referring to the facts of M/s. Parkarsh Singh Raghbir CWP No.5136 of 2009.doc - 2 – Chand’s case (supra), who it appears, did not produce the original receipts to prove its eligibility. {2}. In view of the above-noticed factual plea taken by the petitioner-firm and which appears to be based upon documentary proof, the impugned order dated 22.01.2009 (Annexure P8) passed by the Secretary, Punjab Mandi Board, Chandigarh qua the petitioner- firm is set aside and the matter is remitted to the Appellate Authority to decide the appeal afresh after affording an opportunity to the petitioner to prove its eligibility. The Appellate Authority or the Board/Marketing Committee shall be entitled to verify the genuineness of the petitioner’s claim, if so advised. {3}. The needful shall be done within a period of three months from the date of receipt of certified copy of this order. {4}. Ordered accordingly. Dasti. (SURYA KANT) JUDGE 25.10.2010 vishal shonkar