- (1.) As identical questions of law and facts are involved, therefore, I propose to decide the indicated writ petitions, arising out of single order dated 20.11.1991 (Annexure P5), by virtue of this common judgment, in order to avoid the repetition. However, the facts, which need a necessary mention for the limited purpose of deciding the core controversy involved in the instant writ petitions, have been extracted from (1) CWP No. 1138 of 1992 titled as "M/s Chain Singh Muni Lal v. Commissioner, Jalandhar Division, Jalandhar and others", in this regard.
(2.) The epitome of the facts, culminating in the commencement, relevant for disposal of the present writ petitions and emanating from the record, is that Municipal Committee, Hoshiarpur-respondent No.3 (for brevity "MC") was the owner of the property/ shops in dispute. The petitioners claimed that they took the shops on lease (rent), by way of public auction and had agreed to pay the rent at the rate of Rs.65/- per month for carrying on the wholesale business of sale and purchase of fruits and vegetables (agricultural produce). According to the MC, the petitioners were licensees and were permitted to carry on the indicated business in the old market. The MC was governed by the provisions of The Punjab Municipal Act, 1911 (hereinafter to be referred as "the Act").
(3.) The Punjab Government had issued me notification bearing No.13(15)-81/3035 dated 23.2.1982 and constituted, a new Sabji Mandi in the area of village Rahimpur, which was also within the municipal limits of Hoshsarpur and no person could sell or purchase wholesale fruits and vegetables at any other place, including the site in dispute, except the premises notified by the Government, by means of another notification bearing No. 13(15)-M-iii-81/15315 dated, 12.11.1982. Thus, in the wake of these notifications, the petitioners were stated to have ceased to carry out the wholesale auction of fruits and vegetables (agricultural produce) in the premises in dispute after 1.4.1983. Their licenses issued by the MC to carry cut the indicated business were also expired on 31.3.1983, which were never renewed. Thereafter, the petitioners were stated to have been carrying on the said business in the new Sabji Mandi, located in the area of village Rahimpur on Phagwara Road, Hoshiarpur.;