HARBANS LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment of ours will dispose of C. W. P. No. 5693 of 1985, 6093 of 1986, as also 16409 of 1989.

(2.) IN all these writ petitions, the petitioners have challenged the action of the respondents of allotment of sites, i. e. grain shops, Vegetables/fruit shops and booths by way of open auction in the various New Mandis, established and developed by the Colonization Department of the State of Punjab.

(3.) IN C. W. P. No. 5693 of 1985, it has been alleged that all the petitioners are carrying on the business of Commission Agents in the Sabzi Mandi, Ferozepur City and they hold valid licences for carrying on the business under the provisions of the Punjab Agricultural Procedure Markets Act, 1961, and the Rules made thereunder. The Administrator, New Mandi Township, Punjab had issued an advertisement in the various Newspapers on 10th November, 1985 and 15th November, 1985 that auction for allotment of shops-cum-flats/booths etc. in the Sabzi Mandi, Ferozepur, would be held on 4th December, 1985. It has further been averred in the writ petition that the State of Punjab had taken a decision to allot sites, i. e. grain shops, Vegetable/fruit shops and booths to the Commission Agents in all the Mandis established and developed by the Colonization Department on 25% above the reserve price on certain terms and conditions. This decision of the Government was conveyed to the Director, Colonization, Punjab, on 24th September, 1985. A copy of the same has been attached as Annexure P-1 to the writ petition. However, the Government again wrote to the Director, Colonization, Punjab, on 26th September, 1986 that the earlier decision to allot plots to the Commission Agents on 25% above the reserve price, had been reversed and the plots would continue to be disposed of by public auction as per Rules. A copy of this letter has been attached as Annexure P-3 to the writ petition. The petitioners challenged the auction held on 4th December, 1985 for the allotment of the sites in the New Sabzi Mandi, Ferozepur. The Motion Bench on 12th December, 1985, stayed the confirmation of the auction.