- (1.) BY The Court.- Heard Shri Umesh Kumar Srivastava, learned counsel for the petitioner. Shri N.C. Mehrotra appears for Krishi Utpadan Mandi Samiti, Sitapur Road, Lucknow and its Chairman and Secretary, the respondents in the writ petition.
(2.) THIS writ petition is directed against the order dated 23.2.1998 by which the Chairman of the Krishi Utpadan Mandi Samiti, Lucknow has cancelled the petitioner's license issued under Section 17 (ii) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (the Adhinniyam, 1964) on the ground that the petitioners have neither occupied the shops allotted to them in Navin Mandi Sthal Sitapur Road at Dubagga, on 17.4.1996 nor have commenced the business of wholesale trade in fruits and vegetables from the allotted shops. The petitioners were not carrying on business in old market at chowk at Lucknow. On the construction of new market yard a notification was issued under Section 7 (2) (b) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 on 15.5.1991 for shifting the wholesale market in food grains to Sitapur Navin Mandi Sthal. The persons, who were dong business in the old market were required to shift their business to the new market yard, in the newly constructed and allotted shops. A notification to shift wholesale trade of fruits and vegetables was issued on 19.4.1991. It appears that the then Chairman and Secretary of the Market Committee allotted the shops in the 'producers' quota to certain persons, who were not doing business in the old markets. All the petitioners were granted license after the issuance of notification under Section 7 (2) (b) of the Adhiniyam and were allotted the shops in the Navin Mandi Sthal to shift their business. Subhan Ali and sons had a license to do business in fruits and vegetables in chowk since 1985-86. Shri Subhan Ali son of Rahim Bux-respondent No.6 was allotted a shop in Navin Mandi Sthal on 25.6.1996.
(3.) THE petitioners did not start their business in the new market yard and thus a show cause notice was issued to them on 21.1.1998. In reply to these notices the petitioner admitted that they were not doing business in the old market at Chowk and that they could not commence business in the new market from 1996 onwards as the entire business of food and vegetables did not shift in the new market. There were interim orders in several writ petitions filed by traders not to shift trade to Navin Mandi Sthal until shops are allotted. In the writ petition it is also admitted to the petitioners in para 17 that the petitioners were delivered possession of the shops on 25.6.1996 after the mango season was over. They were depositing market fees but that they did not start their business. In para 19 it is stated that the petitioners were neither licensess in Chowk Mandi Area, Lucknow, nor they were doing any business in old market. The chowk mandi was not completely shifted to the new market area. The petitioners and other similarly situate fruit and vegetable merchants were not able to do their business from the shops allotted to them in the newly created market area.;