- (1.) IT is not disputed between the parties that controversy raised in the instant petition has been finally decided by the Division Bench in krishi Upaj Mandi Simiti Vs. M/s. Ashoka Oil indus. [2009 (1) WLC-94].
(2.) DIVISION Bench while disposing of special appeal referred to supra, has given following directions: we have seriously thought over the claims and counter claims of the appellants and the respondents. Dismissal or allowing the appeal will not solve the problem of either of the parties. A solution has to be found out. To resolve this controversy, we dispose of these appeals in following terms: [i] The appellants shall advertise remaining plots providing opportunity to all the Traders and Brokers doing their business in Sub-Market Yards and the Market Area. [ii] We grant an opportunity to the appellants to allot plots in second phase after advertising these plots with other plots, if carved out for allotment, in accordance with the policy framed by the appellants. [iii] In case, the appellants decide to allot these 36 plots as per their necessity without waiting for advertising the plots earmarked for the second phase, the appellants are directed to advertise and allot the same within reasonable time accordingly to the policy.
(3.) COUNSEL for petitioner submits that they are running their business of agriculture produce in market area and are also entitled for allotment of shop/plot in Krishi Upaj Mandi Sub Yard, Kukerkhera.;