VIKASBHAI BHARATBHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are before this Court, challenging the order, Dated: 08.03.2019, passed by the learned 2nd Addl. Sessions Judge, Valsad, below Exhibit-23 in Criminal Revision Application No.14 of 2019, whereby, it confirmed the order passed by respondent No.9, Dated: 25.01.2019, in No. MAG/C.R.P.C.-133/Reg. No. 02/2018, prohibiting the trade activities at the plot in question.

(2.) The petitioners are the members of the trade association, which is involved in marketing and selling of mangoes and which is organizing seasonal market for trade in mangoes for last more than three decades on the said plot in question. Respondent No.3 is the owner of the said plot and the petitioners have taken the said plot on lease from respondent No.3 for organizing the seasonal market. It is their say that the seasonal market is being organized for the betterment of the mango traders all over the country.

(3.) Affidavit-in-reply of respondent No.4 has come on record, the details of which may not be necessary to go into. However, apt it would be to refer to their contention that the traders are increasing day by day due to increase in production of mangoes in Dharampur and due to that the traffic problem has arisen. On account of the same, the residents of Darbargadh area could not get access to their residences. This obstruction to the residents of the Darbargadh area and heavy traffic, led the APMC, Dharampur, to provide alternative accommodation to such traders at Village: Bamti, Taluka: Dharampur, District: Valsad, which is situated at a distance of two kilometers from Dharampur. According to him, the traders, who have moved to the new market place, have been able to carry out business, without any traffic issues. There is also provisions made for electricity, water, parking, toilet etc. The new market is situated near the Dharampur village and on Chikhli highway. This place is very convenient to all the traders, as huge trucks and vehicles are required to load and unload the mango boxes.