- (1.) HEARD the counsel for the petitioner and the respondents
(2.) IN this application, the petitioner has prayed for an order quashing the notices issued to the members of the petitioner vide Memo No. 274 dated 3.7.2007 and Memo No. 203 dated 18.5.2007 as contained in Annexures -4 and 5 and similar notices whereby the respondents have directed the members of the petitioner to remove the encroachment and vacate the sheds where the petitioners have been doing their business for their livelihood. Learned counsel for the petitioner submits that the members of the petitioner have been using the shed/premises in question for selling vegetables in the haat/market and the respondent no. 5 who happens to be an auction bidder for the haat has been realizing toll from the members of the petitioner since long and despite this, the respondents have served notice to the members to quit and vacate the premises/shed, without any legal basis and without giving them an opportunity of hearing.
(3.) LEARNED counsel for the State. on the other hand inviting attention to paras 14 and 15 of the counter affidavit submits that the case of the petitioner is misconceived as its members have no right to claim since it is a haat area where the vendors are allotted sheds for use In course of the day for selling their articles. It is further submitted that the impugned notices were issued to the petitioners and similarly situated persons since they have raised permanent structures by using bricks and other materials over the sheds. The respondents have no objection if the members of the petitioner, like others, are prepared to use the sheds in course of the day during haat day and would vacate the sheds and remove their articles by evening of the day. -;