SHIVA TRADING CO. Vs. STATE OF PUNJAB
LAWS(P&H)-2001-1-121
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 04,2001

SHIVA TRADING CO. Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

JAWAHAR LAL GUPTA, J. - (1.) THE petitioners claim that they are engaged in the business of sale and purchase of agricultural produce. They have their business premises in the Grain Market, Dhuri.
(2.) ON July 13, 2000, Punjab Government denotified the old market yard, Dhuri and notified a new market. In pursuance to this notification, they were to be uprooted from their premises of business. Consequently, they filed Civil Writ Petition No. 11520 of 2000. The petitioners prayed that the notification be quashed. The writ petition was disposed of by the Bench, of which one of us (N.K. Sud, J.) was a Member, vide order dated August 30, 2000. The petitioner's prayer that the Notification be quashed, was rejected. However, the petitioners were permitted to apply for the allotment of new shops/sites in the new market area within a period of ten days. It was further directed that the authorities shall consider the application and take a decision on the same within eight weeks. Till then, the petitioners were to be permitted to operate from the denotified market. The petitioners allege that they had submitted the application on September 4, 2000. By a subsequent communication, the Administrator of the New Mandi Township, Punjab had called upon the petitioners to supply certain information. They were also informed that the plots are to be allotted "on the average price of the last auction held on 12.5.1998 at Dhuri plus 15% compound interest from the date of last auction to the date of allotment. The tentative rate works out to be Rs. 5,829/- per square yard upto 25.10.2000." The petitioners were called upon to send the requisite information. A copy of the letter dated October 10, 2000 has been produced as Annexure P3 with this petition. Aggrieved by this communication, the petitioners have approached this Court through the present writ petition with the following prayer : "Issue a writ in the nature of Certiorari, quashing impugned notification dated 13.7.2000 (Annexure P-1) and impugned order dated 10.10.2000 (Annexure P-3)."
(3.) SUBSEQUENTLY , the petitioners have also filed miscellaneous application Nos. 28310 and 28311 of 2000, alongwith which they have produced a copy of the communication dated November 17, 2000, issued from the office of the Market Committee, Dhuri to petitioner No. 10, by which it was directed to shift to the New Mandi. The petitioners have prayed for stay of the operation of the direction.;


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