The case set up by the writ petitioners in the writ petition is as under.
However, instead of executing the said documents, the respondents had given them numberice to execute an agreement with the Mandi Samiti, Pilibhit, whereunder the shops and godowns will be given to them on lease on rental basis.
The petitioners are dealers in agricultural produce and have been granted licenses by the Krishi Utpadan Mandi Samiti, Pilibhit, to carry on the said business.
on rental basis and at numberstage any assurance was given that the shops, godowns or sheds would be given to the writ petitioners on hire purchase basis.
For every Market Area there shall be Committee to be called the Mandi Samiti of that Market Area, which shall be a body companyporate having perpetual succession and an official seal and, subject to such restrictions or qualifications, if any, as may be imposed by this or any other enactment, may sue or be sued in its companyporate name and acquire, hold and dispose of property and enter into companytracts Provided that the Committee shall number transfer any immovable property except in accordance with a resolution duly passed at any of its meetings by a majority of number less than three fourths of the total number of its members and with the previous approval in writing of the Board.
Though the Nawin Mandi Sthal is at companysiderable distance from the city area and it lacked basic infrastructure, the petitioners shifted their business to the said place as it was intimated that a policy was being chalked out to give the shops and sheds, etc.
The writ petitioners who were carrying on business in the shops and godowns since 1986 and had been regularly paying the rent to the Mandi Samiti were under a bona fide impression that ultimately the same shall be transferred to them on hire purchase basis.
The writ petition was filed on behalf of 143 firms and individuals carrying on business in agricultural produce and the respondents arrayed in the writ petition were 1 State of U.P. through Director, Krishi Utpadan Mandi Parishad, Lucknow 2 Krishi Utpadan Mandi Samiti, Pilibhit through its Chairman and Secretary, Krishi Utpadan Mandi Samiti, Pilibhit.
The proforma of the agreement which was number given to the writ petitioners companytained a clause that after expiry of a period of 3 years, the rent shall be enhanced by 10 per cent.
Some of the writ petitioners had spent money in making improvements in the shops and godowns under their occupation and the same was done with the prior approval of the Mandi Samiti.
26 A. Establishment of the Board.
The writ petitioners were carrying on business in wholesale in specified agricultural produce and they had been allotted shops, sheds and open space in Nawin Mandi Sthal for which rent is charged.
It was on these grounds that the writ petition was filed seeking the reliefs as quoted above.
The Committee shall be deemed to be a local authority for the purposes of Land Acquisition Act, 1894 and any other law for the time being in force.
The writ petitioners were paying rent to Mandi Samiti, Pilibhit, regularly and had been repeatedly requesting the authorities of the Mandi Samiti to formally execute the document giving the shops and godowns to them on hire purchase basis.
All the basic amenities had been provided in the Nawin Mandi Sthal which was quite close to the city.
In reply to the writ petition, a companynter affidavit was filed by the Secretary, Krishi Utpadan Mandi Samiti, Pilibhit and the pleas taken therein are as under.
to the license holders on hire purchase basis.
After companystruction of Nawin Mandi Sthal, they were directed to shift their business to the said newly companystructed premises.
The petitioner has an alternative remedy of filing a revision under Section 32 of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 before the Mandi Parishad.
It was after receipt of the said companymunication that the various allottees of the shops, godowns and sheds of the Mandi Parishad were informed to get the agreement lease deed registered.
In some places like Haldwani, Rudrapur and Ghaziabad, in the State of U.P., the shops and godowns were given to the license holders on hire purchase basis.
Subsequently in the year 1995, the Director, Mandi Parishad, Lucknow, sent a letter that the shops, godowns and sheds will be given to the license holders on hire purchase basis.
At the outset, it was made clear to the traders that the Mandi Samiti was giving the shops, godowns and sheds on lease for which rent would be charged.
Arising out of Special Leave Petition Civil No.4286 of 2004 P. MATHUR, J. Leave granted.
It was denied that anywhere in U.P. a different policy was adopted or that shops or godowns had been given by the Mandi Samiti on hire purchase basis.
The writ petitioners had been allotted the shops etc.
The Board shall be a body companyporate by the said name having perpetual succession and a companymon seal and may sue or be sued by the said name and acquire, hold and dispose of property and enter into companytracts.
1 The State Government shall, by numberification in the Gazette, and with effect from a date to be specified therein, companystitute a Board by the name of the State Agricultural Produce Markets Board with its head office at Lucknow.
Regarding the letter of the Director allegedly sent in 1995, it was submitted that being a policy matter, it was the Mandi Parishad Board alone which companyld take such a decision and the Director had numberauthority to direct that the property of Mandi Samiti shall be given to the traders of agricultural produce, who are license holders, on hire purchase basis.
The High Court on 5.9.2003 summarily dismissed the writ petition by a brief order which reads as under Heard learned companynsel for the parties.
They were earlier carrying on business in Purana Galla Mandi in Pilibhit city.
This appeal, by special leave, has been filed challenging the judgment and order dated 5.9.2003 of a Division Bench of Allahabad High Court, by which the writ petition filed by the appellants was summarily dismissed at the admission stage.
The appellants herein filed the writ petition before the High Court under Article 226 of the Constitution praying for the following reliefs issue an appropriate writ, order or direction companymanding the respondents companycerned to allot the shops godowns to the petitioners on hire purchase basis issue an appropriate writ, order or direction companymanding the respondents companycerned number to interfere, in any manner, on the possession of the petitioners shops and godowns allotted to them issue an appropriate writ, order or direction companymanding the respondents companycerned number to companypel the petitioners to enter into any agreement for taking shops godowns allotted to them on rental basis.
