HEMANT GUPTA,J. - (1.) The petitioner has claimed a writ of mandamus for directing the Municipal Committee to allot a shop in New Sabzi Mandi, Ambala Cantt, in pursuance of letter dated 02.06.1995.
(2.) The petitioner claims to be doing the business of Commission Agent as Fruits and Vegetables seller in the Market Committee, Ambala Cantt. since 06.05.1990, under a licence issued by the Market Committee. The petitioner asserts that it has been paying rent to the Municipal Committee since the date of its commencement of business. It is alleged that Municipal Committee proposed to develop a New Sabzi Mandi at Ambala Cantt., where all the persons like the petitioner who were carrying on their business at the earlier notified market yard were to be allotted shops in lieu of the sites in the Old Sabzi Mandi. The petitioner relied upon a communication dated 02.06.1995 on behalf of the Chairman, Market Committee, Ambala Cantt. to the Executive Officer, Municipal Committee, Ambala Cantt., that petitioner has been permitted to sell their agricultural produce near the back gate of the Market opposite shop no.29 in the western side. Thus, the petitioner claims that he is carrying on business of Commission Agent in the Old Sabzi Mandi and, therefore, entitled to allotment of a plot in the new market yard.
(3.) Municipal Committee - respondent no.2 has admitted in its reply that it has developed New Sabzi Mandi where all the tenants of Municipal Committee existing in the Old Sabzi Mandi were allotted shops in the New Sabzi Mandi and CWP-6954-1997 that the petitioner was not the tenant of Municipal Committee and, therefore, not entitled for allotment of shop in any manner. It is also asserted that petitioner has no shop in the Old Sabzi Mandi and, therefore, he has no legal right for allotment of alternative shop in the New Sabzi Mandi. It is further stated that documents Annexure P2 to P6 are for the purpose of trading in shop no.22 and the tenant of the said shop has been allotted shop in New Sabzi Mandi and that petitioner has no right for allotment.;