MANMOHAN SARIN - (1.)Petitioner seeks a writ of certiorari to quash the order passed by the respondent, transferring the allotment of the petitioner from booth No.279 to another booth. Further, a writ of prohibition Is sought to restrain the respondent and its officers from Illegally and forcibly taking possession of the booth In question and terminating the agreement without following the due process of law.
(2.)Petitioner, who had been selected as Concessionaire for selling milk and milk products, was allotted milk booth Depot No.279, located at Nehru Market, Pahar Ganj, New Delhi, vide allotment letter No.7-3(1459)/2000-V dated 21.10.2000. Petitioner claims that after the allotment, he commenced his business from 23.11.2000 and satisfactorily carried out the same. There was no dispute between the parties till 27.2.2001. Petitioner was not notified of any complaint or short-comings in the running and functioning of the milk booth. Petitioner claims that vide letter dated 21.11.2000, petitioner was informed that his depot was converted to Concessionaire full day Milk Booth, in terms of which petitioner could sell other products also.
(3.)Learned counsel for the petitioner submits that suddenly on 27.2.2001, petitioner was asked to vacate the booth, without any show cause notice. Petitioner thereupon moved this Court and obtained ex parte stay on 3.3.2001. Learned counsel submits that the action of the respondent in seeking to evict the petitioner and to transfer his allotment to another booth is arbitrary, unfair, malafide and in violation of Article 14 of the Constitution of India.