K.D. GAHTORI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The delay, in preferring the appeal, is not opposed both by Sri B.P.S. Mer, learned Brief Holder for the State and Sri Vipul Sharma, learned counsel for respondent no. 3 and the delay is, therefore, condoned.

(2.) This appeal is preferred against the order passed by the learned Single Judge in WPMS No. 1658 of 2018 dtd. 18/3/2019. The petitioners were all members of the Krishi Utpadan Mandi Samiti, Nanakmatta, Udham Singh Nagar. The Mandi Samiti was constituted by the State Government, by its order dtd. 16/12/2016, for a period of two years. However, even before the two year period was come to an end, the Government Order dtd. 25/5/2018 was passed, purportedly in the exercise of the powers conferred under Sec. 17 (4) (a) of the Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011 (for short the "Act"); and the Krishi Samiti Nanakmatta was dissolved.

(3.) Questioning the dissolution of the Mandi Samiti, the appellant-writ petitioner, along with several others, filed several writ petitions before this Court. All the writ petitioners were heard together and, by the order impugned in this appeal, the learned Single Judge relied upon Sec. 22 of the Act, and held that dissolution of the Samiti was effected without complying with the conditions stipulated under Sec. 22 of the Act.