1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Special Appeal (Writ) No.506/2010 In S.B. Civil Writ Petition No.10482/2007 with D.B. Civil Misc. Stay Appl. No.5354/2010 M/s. Ganesh Coconuts & Ors. vs. State & Ors. Date of order :: 18.10.2010. HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Shri A.K. Bhandari, Sr. Advocate with Shri Rizwan Ahmed ) for appellants. Shri Inderjeet Singh for respondents. *** This appeal has been filed as against interlocutory order dated 12.05.2010 passed by the Single Bench in a pending writ petition. The writ petition has been filed assailing fixation of rate of Rs.7500 per sq. mtr. for allotment of commercial plots in Muhana Mandi. The rate has been worked out at Rs.15000 per sq. mtr as per the commercial D.L.C. rates prevailing in that area. Shri A.K. Bhandari, learned counsel for appellants submitted that in the first phase, the rate was realised by Krishi Upaj Mandi Samiti at Rs.1689 per sq. mtr., but in the second phase, the rate has been exorbitantly raised to Rs.15000 per sq. mtr. The respondents' stand was that the case of allottees of first phase was different. They were, in fact, replaced from their existing business place and rehabilitated in Muhana Mandi, whereas the petitioners, who were allotted plots 2 in second phase, were already running their shops at various places and option had been made available to them to take plots in Muhana Mandi, as such 50% of the commercial DLC rate has been fixed as per the Government policy decision for allotment in Muhana Mandi, which has been arrived at Rs.7500 per sq. mtr. The learned Single Judge after taking into consideration all the aspects of the case, has directed petitioners to deposit a sum of Rs.3750 per sq. mtr. i.e. 50% of the rate fixed by the Krishi Upaj Mandi Samiti within two months and they have been permitted to carry on their business at the place allotted to them. In case, petitioners fail, they will pay the balance amount along with interest @ 8% per annum and at the same time, if they succeed, the respondents will refund the excess amount deposited, if any, under the interim order at the same rate of interest. Aggrieved thereby, petitioners have come up in the writ-appeal. Shri A.K. Bhandari, learned counsel appearing on behalf of the appellants submitted that the order of fixation of rate by Krishi Upaj Mandi Samiti is clearly illegal and arbitrary, when for first phase, rate has been fixed at Rs.1689 per sq. mtr. for allotment of plots, there was no justification to fix DLC rate at Rs.15000 per sq. mtr. and reduce it to 50% to allot at Rs.7500 per 3 sq. mtr. for second phase, thus the order passed by the learned Single Judge be set aside. Shri Inderjeet Singh, learned counsel appearing on behalf of Krishi Upaj Mandi Samiti has submitted that case of the allottees of first phase is quite different from that of petitioners. The allotees of first phase were displaced from their existing business place, which is not the case of the petitioners. They were doing their business at various places and option has been made available to them to take plot in Muhana Mandi, thus rate of Rs.7500 per sq. mtr. has been worked out as per the government policy for allotment in Muhana Mandi. Shri Inderjeet Singh, learned counsel for Krishi Upaj Mandi Samiti has also submitted that an application was filed for modification of the order dated 12.5.2010, but the same stood dismissed, which order has not been assailed in the instant appeal. After hearing learned counsel for the parties, we are of the view that the order passed by the learned Single Judge does not call for any interference in the instant writ-appeal. The case of the petitioners is quite distinguishable from that of the allotees of the first phase. They were, in fact, displaced from their existing business place, whereas petitioners were running their shops at various places and option was made 4 available to them to take plot in Muhana Mandi. They were not allotted the plot in lieu of their displacement, thus the rate has been fixed as per government policy and it has been worked out at Rs.7500 per sq. mtr. The learned Single Judge has directed only 50% of the aforesaid rate to be deposited during pendency of the writ petition and 8% interest has been ordered to be deposited in case petitioners finally fail along with rest of the amount and in case refund is necessary, same has to be refunded to them at the same rate of interest. In the facts and circumstances of the case, the interim order passed by learned Single Judge is quite reasonable and does not call for any interference. However, as two months' period which was fixed for depositing the amount has elapsed, we extend the time for depositing the amount by three months from today. The writ-appeal is accordingly dismissed with the aforesaid extension of time. Since the appeal is dismissed, the stay application also stands disposed of. (MOHAMMAD RAFIQ), J. (ARUN MISHRA),J. RS/-