Laxmi Kanta Mohapatra, Sunita Agarwal, J. - (1.) Heard Sri Vibhendu Mishra, learned counsel appearing for the petitioner, Sri M.M. Tripathi holding brief of Sri Satish Mandhyan, learned counsel for respondents no. 2 and 3 and the learned learned Standing Counsel for the State.
(2.) Case of the petitioner is that after constitution of Mandi Samiti, Agra, licenses were granted to different persons for selling of vegetables and fruits in the mandi. The petitioner was allotted 'phad' in the year 2003 for the purpose of running business of fruits and vegetables. Since 2003 the petitioner has been continuing in possession of the said 'phad' on payment of monthly rent of Rs. 75/- per month. Now, a decision has been taken to construct shops and an advertisement was issued on 5.8.2011 inviting tenders for construction of the shops. The petitioner apprehends that after construction of the shops, he may be directed to vacate the space and may also have to participate in the auction for allotment of lease of the shop.
(3.) The petitioner being a licensee has no right to continue to remain in possession of the space allotted in his favour merely because he has been continuing in possession since 2003. If a decision has been taken by the Mandi Samiti for construction of shops and put them to auction, the petitioner can participate in such auction. Since we find no right in favour of the petitioner, we also find no merit in the writ petition.;