KURMANCHAL FRUIT SUPPLIERS Vs. KRISHI UTPADAN MANDI SAMITI

JUDGEMENT

(1.) Heard Sri Lalit Belwal, Advocate for the petitioner and Mr. J.C. Belwal, Advocate appearing on behalf of the respondents. By means of this writ petition, the petitioner has sought the following relief-

(2.) It is alleged that the allotment of the shop, allotted to the petitioner, has been cancelled by respondents on the ground that the petitioner was a partner in a firm on 30-6-2003. The petitioner has submitted that he has never been a partner in any firm or shop after 26-10-2003.

(3.) Learned counsel for the petitioner has further submitted that learned Single Judge of this court vide order dated 10-12-2009, passed in W.P. No. 1949 of 2009 (M/S), M/s Harish Singh Bachi Singh & Co. and others v. Director, Mandi Samiti and another, along with two other writ petitions, directed the Mandi Samiti to delete the names within a period of 10 days, of those applicants, if any, from the list, who already have a shop in the market yard, either in individual name or even as a partner of a firm. After deleting the names of such persons who are clearly ineligible for allotment as per its own policy of the Mandi Samiti, the Mandi Samiti shall prepare a list in descending order as per clause-1 of the policy by calculating the mandi fee given by the said applicants. In case the number of such applicants are less or equal than the number of shops then in such an eventuality the shops will be allocated as per their names in the list and the use of lottery will not be for allocation of shops but only for the choice of shops.