The above order came to be passed on the writ petition filed by the respondent.
As many as 9 blocks are companystructed and ready in Gazipur Mandi.
Alternative shops in Gazipur market were being given only to those who were bona fide licensees of APMC, Shahdara.
In the year 1998, the said Mandi at Darya Ganj was de notified and the companymission agents were to be shifted from there.
The appellant Delhi Agricultural Marketing Board was a statutory body to regulate the marketing of agricultural produce and had declared certain areas as market areas.
In 2008, the petitioner represented for allotment of shop at Gazipur market and again in the year 2011, he sought allotment of shop at Keshopur, Okhla, Gazipur or any other market.
The writ petition was opposed by the appellant by submitting that B Category license can be granted only to the persons owning a shop in the market area yard of the APMC.
Thereafter, the petitioner made a representation in the year 1994 for some alternative site at Keshopur Mandi, Tilak Nagar, Delhi which was closer to his residence as he was number successful in the draw of lots held in the year 1987.
In the year 1999, the name of the petitioner was recommended by the Secretary, APMC but he was number allotted a shop.
Thus, the petitioner was number eligible for allotment of shop in the said market.
The averments in the petition are The writ petitioner was a companymission agent of fruits and vegetables at Phool Mandi, Darya Ganj, New Delhi.
Earlier, he had approached the High Court in Writ Petition Civil No.547 of 1993.
In substance, the case put forward by the petitioner was that he was running his business at Darya Ganj since long and as the said market had been de notified, he was entitled to be allotted an alternative shop at Gazipur or any other newly developed market.
He was given liberty to file representation.
He also relied upon the order dated 24th January, 2003 in another case in Writ Petition Civil No.790 of 2000.
In 2003, the Agenda Item No.8 for allotment of shop to the petitioner was approved on 18th December, 2003 but he was number allotted a shop.
License of the petitioner was number renewed as the market was shifted to Okhla where a new market was to be companystructed by the Delhi Development Authority DDA .
In the year 2002, the petitioner again represented that as numbershops were available in Okhla, he may be accommodated at new wholesale market.
Those who were allotted shops at Okhla were shifted from Darya Ganj in the year 1992.
This appeal has been preferred against the judgment and order dated 29th January, 2016 in LPA No.535 of 2015 passed by the High Court of Delhi whereby the Division Bench of the High Court affirmed the order of the Single Judge directing the appellant herein to allot a shop to the respondent writ petitioner in Gazipur Mandi and also issue of category B license to him under the provisions of Delhi Agricultural Produce Marketing Regulation Act, 1998.
The learned Single Judge allowed the writ petition on the ground that the petitioner was waiting for allotment of shop since the year 1985 and was entitled to be accommodated at Gazipur particularly when numberother markets were companying up in the near future.
ADARSH KUMAR GOEL, J. 1.
The petitioner was included in the list of eligible persons but was number successful in the draw of lots held in 1987.
leave granted.
