Rakesh Tiwari, J. - (1.) Krishi Utpadan Mandi Samiti, Sambhal, district Moradabad (hereinafter referred to as the Mandi Samiti) had constructed three types of shops in the market area. They are in three classes 'A', 'B' and 'C'. Class 'A' shop has four rooms attached with a Godown, bath-room and latrine. Class 'B' shop has three rooms attached with a Godown, bath-room and latrine. Class 'C' shop has only one room with no other facilities.
(2.) There is an Allotment Committee constituted by the Mandi Samiti for allotment of the shops to the dealers. The shops are allotted to the dealers on the basis of the amount of their annual turnover of last three years and the amount of market fee paid by them to the Mandi Samiti.
(3.) The petitioner was allotted shop No. 8 of Class 'B'. He moved an application dated 21.6.2001 to the Mandi Samiti for allotting him Shop No. 11 in Class 'B'. A provisional allotment was made in favour of the petitioner allotting him Shop No. fi11, i.e., the shop in question instead of B-8 shop. The petitioner alleges that he was doing his business in that shop since he had taken over the shop in pursuance of the allotment order dated 21.6.2001.;