IMARAN FRUIT CO.WHOLE SELLER THRU MANAGER MOHD. ARIF Vs. STATE OF U.P.
LAWS(ALL)-2020-1-467
HIGH COURT OF ALLAHABAD
Decided on January 27,2020

Imaran Fruit Co.Whole Seller Thru Manager Mohd. Arif Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) Heard.
(2.) All the above writ petitions involve similar facts and issues, hence they are being decided by this common Judgment.
(3.) The facts of the case in brief are that Naveen Fal Mandi Samiti, Ghaziabad is 'A' Category Mandi Samiti. Prior to 2016 the petitioners herein were allotted certain 'chabootaras' which are referred as auction chabootaras, where the goods are sold by way of auction. At that time there were no shops existing. The allotment to the petitioners was made by the Mandi Samiti on purely temporary basis. Subsequently in the year 2016 Rules have been framed for allotment of the said shops/chabootaras by the Mandi Samiti/Parishad to the producers and licensees. It is not in dispute that the petitioners herein are licensees of the Mandi Samiti concerned. It is pertinent to make it clear that license is one thing and allotment of Chabootara or shop is another. License of the petitioner is intact. By the impugned orders it is the temporary allotment of 'Chabootara' which has been cancelled on the ground that a process for settling the shops which have been constructed near the Chabootaras was initiated under the Regulations 2016 by way of auction, but the petitioners did not participate in the same, therefore, their temporary allotment of 'Chabootara' was liable to be cancelled. It was accordingly cancelled by the impugned order.;


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