NANDU MAL GIRDHARI LAL A PARTNERSHIP FIRM Vs. KRISHI UTPADAN MANDI SAMITI NAVIN MANDI STHAL MUZAFFARNAGAR

JUDGEMENT

(1.) M. L. Singhal, J. These two writ petitions have been filed under Article 226 of the Constitution of India for issuance of writ of certiorari quashing the impugned Citation dated 10th September, 1997 (Annexure 1) and for issuance of a writ of mandamus directing the Krishi Utpadan Mandi Samiti, Muzaffarnagar (respon dent No. 1) to decide the representation moved by the petitioners. Since the facts and issues involved in the two writ peti tions are same, hence both of them are disposed of together.

(2.) HEARD the learned Counsel for the parties.

(3.) TO the utter surprise of the petitioners, on 10th September, 1987 the Mandi Samiti has issued Recovery Cita tion calling the petitioner in Writ Petition No. 31586 of 1997 to pay Rs. 1,16,478. 80 and the petitioner of Writ Petition No. 31588 of 1997 to pay Rs. 1,74,296. 84. The aforesaid recoveries are illegal, without jurisdiction as no assessment has yet been made by the Mandi Samiti, with these al legations the petitioners invoked this Court's jurisdiction, filed petitions and prayed for reliefs, alluded above.