- (1.) All these three petitions are disposed of by this common order as identical point is involved in these matters.
(2.) Writ Petition No. 3230/93 filed by the petitioner M/s. Subhash Chandra Surendra Kumar, was placed before this Court for admission yesterday i.e. on 5.1.1999. At the time of hearing of the matter, learned Counsel for the parties pointed out that writ petition No. 3250/93 filed by M/s. Girdhari lal Bhagwan Das was admitted by the Division Bench of this Court on 14.4.1995. Similarly, writ petition No. 3257/93 was also admitted on 10.11.1994 by the learned Single Judge. However, it was pointed out that another writ petition No. 2961/93 was dismissed by the learned Single Judge of this Court on 6.1.1995. Under the circumstances, writ petition no: 3020/93 was ordered to be placed today for hearing and orders along with writ petitions No. 3250/93 and 3257/93. Accordingly, all these three matters are placed for orders today.
(3.) Writ petition No. 2961/93 was dismissed only on the short ground that the petitioner had an alternative remedy available to him by way of suit. It is a brief order, which I would like to reproduce, which is as under- 6.1.1995 Hon'ble M.P. Singh. J. B.L. Purohit, for the Petitioner. The prayer made by the petitioner in this case is for quashing the agreement dated 18.3.1993 which the petitioner entered with the Secretary, Agriculture Produce Market Committee. The proper remedy for him is to file a suit for the same. Accordingly, the writ petition is dismissed on the ground of alternative remedy. In view of the above order of learned Single Judge dismissing the writ petition in limine by a speaking order, all these three petitions are required to be dismissed, but it was pointed out by learned Counsel Shri Acharya for the petitioners that the Apex Court has remanded the matter to the High Court in almost identical situation. In support of his submission Mr. Acharya has relied upon the Apex Court Judgment in case of Bir Bajrang Kumar v. State of Bihar and Ors. reported in, 1987 AIR(SC) 1345. There cannot be any quarrel with the principle laid down by the Apex Court in the aforesaid case.;