MAHENDER KUMAR AGGARWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment disposes of Civil Writ Petition Nos. 6137, 6138, 6675, 6969, 7115, 7257 and 8271 of 1987 and 10687 of 1989 since common, questions of law and fact are involved therein.

(2.) Reference to facts has been made from the pleadings in C.W.P. No. 6137 of 1987.

(3.) Written statement has been filed on behalf of respondent No. 2, wherein the filing of C.W.P. No. 3084 of 1982 in this Court and Civil Appeal No. 3037 of 1983 and other connected writ petitions in the apex Court is admitted. It was pointed out that the apex Court up held the eligibility of the appellants/petitioners on the ground that on the date of auction they held valid licence either in foodgrains or vegetables for two years preceding the date of auction. The apex Court also held that the respondents were free to auction the remaining plots or to confirm the old auction. Pursuant to the directions by the apex Court, an advertisement was issued in The Tribune dated August 11, 1987 calling upon the licencees of 8 Mandis to participate in the draw of lots for plots inthe reserved quota, but by oversight, necessary clarification in respect of Shahabad Mandi could not be made as consequence, the traders, who were appellants/petitioners before the apex Court, moved application for clarification and also for initiating contempt proceedings against the respondents. They pointed out that the advertisement dated August 11, 1987 was against the directions of the apex Court contained in its order dated November 27, 1986. Respondent No. 2 in reply to the application filed for direction/clarification and contempts stated by way of affidavit before the apex Court that necessary clarification in respect of Shahabad Mandi could not be made through an oversight and the Board had given for publication a fresh public notice in partial modification of the said advertisement dated August 11, 1987. It was further submitted that the Market Committee shall allot 45% of the total plots to the eligible traders in accordance with the orders passed by the Court on November 27, 1986 and the eligibility would be seen as on August 17, 1982. The notice was discharged. On the basis of the undertaking given before the apex Court, the respondents got published an advertisement in The Tribune dated August 30, 1987, calling upon the traders, who were parties before the Supreme Court in Civil Appeal No. 3037 of 1983 to submit their applications to be included in the draw of lots for allotment of shop plots at reserved price out of the 45% quota reserved for old licencees likely to be effected on shifting of business to the new grain market, Shahabad. The eligibility was to be seen as on August 17, 1982. Factual position of the plots was also given and the same reads as under :-