SUBHASH KHANNA Vs. MARKET COMMITTEE, CHANDIGARH

JUDGEMENT

(1.) BY this order, I propose to dispose of CWP Nos. 8336, 8337, 8477 and 9154 of 2015 as common questions of facts and law are involved in these writ petitions except for an additional point with regard to the resumption of SCF No.12, Grain and Vegetables Market, Sector 26, Chandigarh, is involved in CWP No.8336 and 9154 of 2015.

(2.) PETITIONERS in these writ petition are holding licence for doing business of Commission Agent of fruits and vegetables under Section 10 of the Punjab Agricultural Produce Markets Act, 1961 (hereinafter referred to as the 1961 Act) as applicable to the Union Territory, Chandigarh. The facts are primarily being taken from CWP No.8336 of 2015, titled as 'Subahsh Khanna Vs. Market Committee Chandigarh and others'.

(3.) A show cause notice was served upon the petitioner dated 14.02.2015 (Annexure P -11) by the Secretary, State Agricultural Marketing Board, Union Territory, Chandigarh pointing out therein that it had come to the notice that during the physical verification carried out by the Market Committee, Chandigarh, the petitioner had shifted his place of business from the premises as mentioned in the licence i.e. SCF No.12, Grain and Vegetables Market, Sector 26, Chandigarh. In response thereto, petitioner filed his reply dated 19.02.2015 (Annexure P -12) denying the assertion that he had shifted from the premises in question. It was also added that it was not a residential premises but a commercial premises and he was working from the first floor of the said shop. On receipt of the reply submitted by the petitioner, an order dated 09.04.2015 (Annexure P -7) was conveyed by the Administrator, Market Committee, Chandigarh, pointing out therein that since the premises had been resumed by the Chandigarh Administration, there has been violation of the conditions of allotment/sale of the said premises and therefore, the licence issued to the petitioner which was to expire on 31.03.2015, could not be renewed. A direction was also issued to stop the business which was being carried on under the licence issued to him under Section 10 of the 1961 Act and to surrender the same immediately. In the said order, it was also mentioned that the report of the Tehsildar indicated misuse of the premises and therefore, the said order was being passed.