RAYEEN FRUIT COMPANY Vs. STATE OF U P

JUDGEMENT

(1.) The short facts involved in this writ petition, inter alia, are that the petitioners are engaged in wholesale business of fruits and vegetables situate at Subzi Mandi. Bahadurganj, Shahjahanpur. It has been alleged that the petitioners and their ancestors have been engaged in the same business since 1935. They are licence holders for selling fruits and vegetables and have been granted licence on yearly basis, which had been renewed from time to time. On 31.10.1998, the District Magistrate, Shahjahanpur vide letter No. 627 informed the Director. Rajya Krishi Utpadan Mandi Samiti/Parishad about the shifting of fruits and vegetables market to village Hathaura Buzurg. It may be mentioned here that there was a proposal in the year 1996 to shift the entire fruits and vegetables market from Subzi Mandi, Bahadurganj to the New Krishi Utpadan Mandi area at Roza. It has been alleged in the petition that the District Magistrate. Shahjahanpur was apprised of the situation and made aware of the likely hardships of the shop owners and consequently, on 21.8.1996 the District Magistrate wrote letter No. 432/ST/96 by which he made a proposal to purchase a land measuring 3.75 hectares situate at village Hathaura Buzurg, Tehsil Sadar, District Shahjahanpur for establishing a new market of wholesale fruits and vegetables. It has been alleged in the petition that the proposed site of Hathaura Buzurg. which is at a distance of 3.5 kms. from the city, would be the most suitable place for shifting and establishing the wholesale market of fruits and vegetables.

(2.) Vide letter No. 627 dated 31.10.1998, the District Magistrate, Shahjahanpur informed the Director, Rajya Krishi Utpadan Mandi Samiti/ Parishad about the shifting of the fruits and vegetables market to village Hathaura Buzurg. By this letter, the then District Magistrate had recommended that the aforesaid land be acquired for the purpose of establishing fruits and vegetables market. In the petition, it has also been alleged that there was a parallel proposal for establishing the fruits and vegetables market in Roza grain mandi. It is relevant to mention here that the proposal was not conducive for establishing a fruits vegetables market because of the reason that there was paucity of place and the Mandi could not have been further extended towards west as there was boundary and bye-pass.

(3.) By letter dated 20th November, 1999. the Mandi Director issued directions to the Regional Deputy Director (Admn.), Rajya Krishi Utpadan Mandi Parishad that shifting process of fruits and vegetables market to Roza may remain suspended till further orders. On 9.12.1999 Sachiv, Krishi Utpadan Mandi Samiti. Shahjahanpur issued a notice and got it published in the Newspaper "Amar Ujala" on 17.12.1999 to the effect that the entire fruits and vegetables market is being shifted to Roza. On 25.12.1999 an announcement by loudspeaker was also made at the behest of district administration that no business activity would be allowed at Subzi Mandi, Bahadurganj and from the next date, i.e., on 26.12.1999. a large number of police force was deployed at Subzi Mandi. Bahadurganj and the petitioners were restrained by brute force of law from carrying on business at Subzi Mandi. Shahjahanpur inasmuch as no truck, etc. carrying fruits and vegetables were being allowed to unload at subzi mandi. Bahadurganj.