KRISHI UPAJ MANDI SAMITI Vs. SUNIL KUMAR

JUDGEMENT

(1.) The appellants have filed this writ appeal against the order dated 14-10-1999, passed in W.P.No. 405/1997.

(2.) M/s Banzai Brothers is the partnership firm and the respondents No. 1 & 2 are the partners of the firm. The firm had a licence issued by the appellant-Krishi Upaj Mandi Samiti for the purchase of foodgrains within the premises of the appellant-Mandi Samiti from the farmers as required under the provisions of Madhya Pradesh Krishi Upaj Mandi Samiti Adhiniyam, 1972 (hereinafter referred to as the 'Act of 1972'). It was also granted a lease on 28-8-1994 of a land area 30 ft. x 100 ft. in plot No. 38 for a period of 30 years within the marketyard of the Mandi Samiti. Thereafter the firm constructed a godown over the aforesaid plot.

(3.) The firm purchased agricultural produce within the marketyard from some agriculturist but it had not been paid the amount to the agriculturist hence, the licence of the firm was cancelled. The Krishi Upaj Mandi Samiti initiated proceedings in regard to recovery of the amount due to the firm under the provisions of the Act of 1972. Thereafter a writ petition was filed before this Court against the aforesaid action of the Krishi Upaj Mandi Samiti which was registered as W. P. No. 1824/1996. Learned Single Judge of this Court vide order dated 18-12-1996 disposed of the aforesaid petition with the following directions :-