KAKA RAM PARS RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WHILE deciding C.W.P. No. 15448 of 1993 (Jai Bhagwan Jain versus Haryana State Electricity Board, Panchkula, District, Ambala), a Division Bench of this Court lamented on the growing tendency of the litigating public to pollute the ends of justice and observed as under: -

(2.) AS will be seen here -in -after the present one is also a case in which the petitioners have successfully misled this Court in admitting the writ petition and passing a stay order in their favour. The petitioners have claimed that they are carrying on business of sale and purchase of food grains in Old Food Grain Market, Jagraon for the last five to six decades on the basis of the licences granted to them by the Market Committee, Jagraon. That Grain Market was declared as Principal Market Yard vide notification dated 23.8.1963 of the Punjab Government. In the year 1978, the Government of Punjab issued notification dated 27.3.1978 to create a New Mandi Complex at Jagraon. At the same time, a Sub Market yard was declared at a distance of about 15 kilometres from Old Grain Market. This was followed by notification dated 17.9.1984 (Annexure P1) issued Under Section 7(2) of the Punjab Agricultural Produce Markets Act, 1961 (for short, the Act) whereby the Principal Market Yard i.e. Old Grain Market was denotified and by another notification (Annexure P2) issued on the, same day, New Grain Market was declared as Principal Market Yard. Another notification dated 30.3.1988 (Annexure P3) was issued by the Punjab Government Under Section 8 of the Act declaring that no transaction in agricultural produce will be permitted within 5 kilometres of the New Grain Market, Jagraon. This notification was challenged in C.W.P. No. 6174 of 1988 filed by 92 petitioners. Petitioners 1, 3, 6, 7, 8, 9, 12, 15, 20, 22, 26, 32, 33 and 34 of this petition were also petitioners in the said writ petition. Initially this Court stayed the operation of the impugned notification. However, after hearing the parties, a learned single Judge dismissed the writ petition vide order dated 26.7.1990. The petitioners filed L.P.A. No. 1107 of 1990 which was ordered to be listed for hearing along with CWP No. 5693 of 1985. This L.P.A. was referred to a Full Bench vide order dated 2.12.1991 of a Division Bench and ultimately it has been dismissed vide, 1995 (1) P.L.R. 712 (Sheo Prashad Rajiv Modi and Ors. v. State of Punjab and Ors., 1985 C.W.P 5693 of was dismissed earlier vide order dated 23.9.1993.

(3.) IN the meantime, another development took place. Gurbhag Singh Brar (respondent 4 in this petition) filed C.W.P. No. 15883 of 1993 for giving effect to the notification dated 30.3.1986. He pleaded that the Government was deliberately not giving effect to the notification restraining the transaction of business in food grains within 5 Kilometres of the Principal Market Yard. One hundred and forty nine persons who were petitioners in C.W.P. No. 15831 of 1993 moved CM No. 893 of 1993 for their impleadment as respondents. Their request was accepted and they were added as respondents. Finally C.W.P. No. 15883 of 1993 was decided by a Division Bench on 8.4.1994 and a direction was given to the respondents to give effect to the notification dated 30.3.1988.