1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.4431/2008 Date of order ::: November 17,2008 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Sunil Samdaria, for the petitioner Mr.Indrajeet Singh, for the respondents Counsel for both the parties submit that the present writ petition is covered by the judgment of this Court, dated 6.2.2008 passed in SBCWP No.226/2008 and eight other petitions. The operative part of the said judgment is as follows:- “Having heard learned counsel for the parties and perused the record, this Court finds that the sole reason on the basis of which the licence of the petitioners has been cancelled is the fact that the shops/sheds were allotted to them pursuant to auction proceedings and since the petitioners failed to either deposit the requisite fee/charges and occupy the same, the licence of the petitioners was cancelled. The impugned order dated 23.6.2005, has been issued on the basis of the order dated 17.10.1996 passed by the Director, Agriculture Marketing Board, Government of Rajasthan which in turn is based on the earlier circular dated 7.6.1995 issued by the same Directorate. Circular dated 7.6.1995 having been quashed and set aside pursuant to the judgment in M/s. Ved Prakash (supra), consequential circular also no longer holds good. Even otherwise, the learned counsel for the respondents has not been able to point out any provision either from the Act or the Rules of 1970 which makes possession/allotment of the shop in the mandi yard as a condition precedent for issuance/renewal of the licence. In the circumstances, the action of 2 the respondents in seeking to cancel the licence of the petitioners merely on account of the fact that they failed to occupy the allotted shed, is nothing but an arbitrary and colourable exercise of power. In the result, the writ petitions succeed and are allowed in the aforesaid terms. The impugned order dated 23.6.2005 is quashed and set aside. Consequences to follow.” In view of the aforesaid judgment, the writ petition is allowed and the impugned order dated 23.6.2005 is quashed and set aside. Consequences to follow. (PREM SHANKER ASOPA) J. गोपाल