SAINGAR TRADING CO. AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-5-357
HIGH COURT OF ALLAHABAD
Decided on May 29,2015

Saingar Trading Co. And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) This bunch of 11 writ petitions pertains to the allotment of the shops at New Mandi Sthal, Sector 88, Noida, District Gautambudh Nagar. The controversy has basically narrow down after exchange of affidavits to the legality of the mode and manner of 140 newly constructed shops at new Mandi Sthal, Noida, District Gautam Budh Nagar. Facts in short relevant for deciding these writ petitions are as follows:
(2.) Civil Misc. Writ Petition No. 46958 of 2004 has been filed by 21 petitioners, who claim to be carrying on wholesale trade in fruits and vegetables at Noida within the territorial limits of Krishi Utpadan Mandi Samiti, Ghaziabad but their place of business at the relevant time was within the territorial limits of Noida. Petitioners have prayed for quashing of the notices dated 12th October, 2004, dated 14th October, 2004 and dated 18th October, 2004 issued by the Secretary, Krishi Utpadan Mandi Samiti, Ghaziabad as also for a writ of mandamus directing the respondent Nos. 3 and 4 to allot the land to the petitioners at Sector 88, Noida Gautambudh Nagar so that they may carry on their wholesale business. In the writ petition an order was passed on 5th November, 2004, whereby the operation of the impugned notices/circulars was stayed. The writ petition is pending since then.
(3.) Civil Misc. Writ Petition No. 39836 of 2010 has been filed by 19 petitioners with a prayer that they may be allotted permanent shops/place in New Mandi Sthal at Sector 88 Noida, Gautambudh Nagar for carrying on their business of wholesale fruits and vegetables within a fixed period. Petitioners claim to be the licensee of the Krishi Utpadan Mandi Samiti, Ghaziabad as per the provisions of Krishi Utpadan Mandi Adhiminiyam.;


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