ORDER 1. Special leave granted. 2. A market yard and a sub-market yard exist by the name of Subhash andi and Pursharthi Mandi respectively in Karnal District. The State of aryana, Respondent 1 before us, has decided to shift these Mandis stablished under the Punjab Agricultural Produce Markets Act, 1961 to a lace known as Taraori. Admittedly at the existing site there are 232 licensed dealers. There is a dispute as to whether this is the correct number as we aye been told on the side of the appellants that there are about a 100 more. We need not go into that question in these appeals. 3. At the new site, according to the State of Haryana, accommodation is available for 137. Relying on a decision of this Court in Writ Petitions Nos. 0028-35 of 1982 disposed of on 27-11-1986, Mr Mahabir Singh for respondents 2 and 3 contends that 45 per cent of the available accommodations at the new site has been reserved for the existing licensees n the basis of lots to be cast and since un principle this is what had been proved in the decision in the writ petitions referred to above, appellants aye no occasion to feel aggrieved. We have looked into the order of this Court which seems to be on consent and was intended to meet a given situation and nothing of general application was decided in that case. 4. We are of the view that normally once the Government starts regulating the place of sale of agricultural produce covered by the Act and does not permit any other place to be used for the purpose, there is an inherent obligation of the Government to provide at the new site for all the licensed dealers sufficient accommodation for carrying on their trade and until that is done it would not be possible for the Government to direct a closure of the old site. 5. Mr Mahabir Singh contended that the necessity of shifting has arisen on account of congestion.
5. Mr Mahabir Singh contended that the necessity of shifting has arisen on account of congestion. If that is the real fact, it is open to the State Government to provide either on the basis of volition or by allotting new site out of the accommodation in respect of licensees in the old site and those who are agreeing to shift to new site could do so and once it is done, they b would not be permitted to continue at the old site. Once the entire available place at the new site is allotted, the balance could continue to be accommodated in the old site. In case for congestion Government wants to undertake shifting, it would be for the Government to give preference to the older licensees to exercise their option either to continue or shift and on the basis of available accommodation at the two sites this can be conveniently C adjusted. We approve the guidelines laid down subject to the condition that where on account of death of licensees legal representatives have come forward, the total period shall be tagged. 6. With these directions the appeals are disposed of. Writ Petition (C) No. 736 of 1990 7. The writ petition is delinked from the above group of appeals.