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Allahabad High Court · body

2012 DIGILAW 656 (ALL)

Prakash Tewari and others v. State of U. P. and others

2012-03-19

R.K.AGRAWAL, VINAY KUMAR MATHUR

body2012
Vinay Kumar Mathur, J.— By means of these petitions petitioners have contended that Krishi Utpadan Mandi Samiti, Agra issued licenses to the petitioners for wholesale business of vegetables in Navin Mandi Esthal, Agra in different years and also allotted them Phads in different years on monthly rent. The petitioners after obtaining possession of the allotted phads are carrying on wholesale business of vegetables and are regularly paying rent, mandi shulk etc. of the allotted phads. The petitioners have further contended that their licenses have been renewed from time to time and the renewal is up-to-date. They have also stated that they have covered their respective phads with tin shade and bamboo tatters. On 5.8.2011 an advertisement was published in Daily Hindi Newspaper by the Deputy Director, Rajya Krishi Utpadan Mandi Parishad inviting tenders for construction of shops. Sachiv Mandi Samiti, Agra informed the petitioners that the shops will be constructed in Block- S, G1 and G Blocks at the allotted phads of the petitioners after demolishing the existing structures and he also directed the petitioners to vacate their phads.The petitioners have contended that their allotment orders have not been cancelled and they continue to be in possession. They have moved a representation to Sachiv, Mandi Samiti requesting him not to interfere in their possession and to refrain from directing demolition of the allotted phads or dispossessing the petitioners. Since the controversy involved in all the three petitions is similar, therefore, with the consent of learned counsel for the parties the petitions are being finally disposed of by a common order. We have heard Shri Rahul Jain, learned counsel for the petitioners and Shri B.D. Mandhyan, learned senior counsel representing respondents and have perused the record. Affidavits have been exchanged barring in writ petition no.5987 of 2012 between the parties. Learned counsel for the petitioners has submitted that the Mandi Samiti duly issued licences to the petitioners for wholesale business of vegetables and phads were also allotted in Navin Mandi Esthal, Agra on monthly rents and the petitioners have been regularly making payments of renewal and othrer charges to the respondents. Copies of allotment orders and the receipts issued for renewal, fees and rent etc. have been filed along with photographs. Further submission is that the respondents without cancellation of the allotment orders intend to dispossess the petitioners and construct 'pucca' shops at the places where phads of the petitioners exist. Copies of allotment orders and the receipts issued for renewal, fees and rent etc. have been filed along with photographs. Further submission is that the respondents without cancellation of the allotment orders intend to dispossess the petitioners and construct 'pucca' shops at the places where phads of the petitioners exist. The respondents have no right to arbitrarily and without adopting due course of law to evict the petitioners or to interfere in their wholesale business of vegetables. Learned counsel for the respondents has contended that the petitioners are not the wholesalers and are infact retailers and as such they cannot be permitted to do business in Mandi Samiti premises. They were not duly allotted 'phads'. The representations received by the Secretary were duly considered and rejected vide order dated 24.8.2011, copy of which has been filed as annexure S.C.A.-2 to the writ petition no.71911 of 2011. No renewal was permitted by the Mandi Samiti and the Mandi Samiti has every right to construct permanent shops and the petitioners are not entitled for any benefit. The shops are to be allotted as per policy decision taken by the Mandi Samiti, Agra. The petitioners have claimed themselves to be the wholesalers and not theretailers. They have filed copies of initial allotment orders and copies of receipts whereby renewal charges, mandi shulk and other payments were made by them regularly uptil 2011. The acceptance of annual fees amounts to renewal of allotment. Taking all the facts in their entirety and in order to do justice to the parties, it is provided that petitioners will produce before Sachiv, Krishi Utpadan Mandi Samiti, Agra the wholesale licenses/allotment letters and receipts of payments made by them which have been filed by them as annexures to the writ petitions. within a period of one month form today. Thereafter, the respondent Sachiv Krishi Utpadan Mandi Samiti, Agra will verify the authenticity of the papers/documents and afford opportunity of hearing to the petitioners and pass reasoned and speaking order while deciding the status of the petitioners. Separate list of allottees and licensees will also be prepared. The petitioners whose wholesale licenses/allotment and the renewals are in order, will be permitted to participate in the auction proceedings for allotment of the proposed shops and will be given preference over other participants. Separate list of allottees and licensees will also be prepared. The petitioners whose wholesale licenses/allotment and the renewals are in order, will be permitted to participate in the auction proceedings for allotment of the proposed shops and will be given preference over other participants. However, in case it is found that there is no wholesale license and also no allotment was made or no renewal has been made or only licence has been granted, in that eventuality such petitioners will not be entitled to any preferential treatment. It is made clear that the petitioners will not be evicted/dispossessed by the respondents without adopting due course of law as may be available against them. With these directions, all the petitions are finally disposed of. No order is as to costs. _