Full Text
No. 8131/2015, W.P.(C) No. 8133/2015,W.P.(C) No. 8134/2015, W.P.(C) No. 8135/2015 & W.P.(C) No. 8140/2015.
HIGH COURT OF DELHI
Date of Decision: 15th September, 2015 W.P.(C) No. 8123/2015 & CM No.16888/2015 (for stay).
YAKOOB & ANR ..... Petitioners
W.P.(C) No. 8126/2015 & CM No.16893/2015 (for stay).
MOHD. NASEEM AND ANR. ..... Petitioners
W.P.(C) No. 8128/2015& CM No.16896/2015 (for stay).
GANESH MAHTO & ANR ..... Petitioners
W.P.(C) No. 8129/2015 & CM No.16898/2015 (for stay).
KIRPA SHANKAR & ANR ..... Petitioners
No. 8131/2015, W.P.(C) No. 8133/2015,W.P.(C) No. 8134/2015, W.P.(C) No. 8135/2015 & W.P.(C) No. 8140/2015.
W.P.(C) No. 8130/2015 & CM No.16900/2015 (for stay).
HABIB & ANR ..... Petitioners
GUDDU & ANR .... Petitioners
CHAND MOHD. & ANR ... Petitioners
GYASUDDIN & ANR ….. Petitioners
No. 8131/2015, W.P.(C) No. 8133/2015,W.P.(C) No. 8134/2015, W.P.(C) No. 8135/2015 & W.P.(C) No. 8140/2015.
W.P.(C) No. 8135/2015 & CM No.16909/2015 (for stay).
AMJAD KHAN & ANR ..... Petitioners
ALLAUDDIN & ANR ..... Petitioners
Counsel for the petitioners:- Mr. Anil Panwar with Ms. Apoorva Srivastava and Mr. Chetan Parkash, Advs.
Counsel for the respondents:- Mr. N.K. Singh for Mrs. Avnish Ahlawat, Advs.
JUDGMENT
1. The petitioners in all these petitions claim to be Mashakhores working in Ghazipur Subzi Mandi. They have filed these petitions seeking mandamus to the respondent no.1 Agricultural Produce Marketing Committee (APMC) and to the respondent no.2 Delhi Agricultural Marketing Board (DAMB) to issue them category ‘A’ licences and to grant them space / shops on licence basis in the Ghazipur Subzi Mandi, Shahdara, Delhi. W.P.(C) No. 8123/2015, W.P.(C) No. 8126/2015, W.P.(C) No. 8128/2015, W.P.(C) No. 8129/2015, W.P.(C) No. 8130/2015, W.P.(C) No. 8131/2015, W.P.(C) No. 8133/2015,W.P.(C) No. 8134/2015, W.P.(C) No. 8135/2015 & W.P.(C) No. 8140/2015.
2. Attention of the counsel for the petitioners is drawn to my judgment dated 9th September, 2015 in W.P.(C) No.1414/2012 titled Fal Avam Subzi Mandi Mashakhor Association Vs. Government of NCT of Delhi. The petitioners herein are found to be identically situated as the members of the petitioner Association in W.P.(C) No.1414/2012.
3. The counsel for the petitioners is unable to carve out any distinction from W.P.(C) No.1414/2012. He has however drawn attention to the judgment dated 2nd February, 2009 of this Court in W.P.(C) No.3423/2001 titled Jamanapar Fruits & Vegetables Commission Agents Vs. Government of National Capital Territory of Delhi.
4. The aforesaid petition was filed highlighting the irregularities in allotment of shops / licences in subzi mandi at Ghazipur and seeking an inquiry thereto. Upon the respondent in the said petition conceding certain irregularities leading to lodging of First Information Report (FIR), the said petition was disposed of by directing the APMC to examine each licence issued and each allotment made and to determine whether the same could be sustained. W.P.(C) No. 8123/2015, W.P.(C) No. 8126/2015, W.P.(C) No. 8128/2015, W.P.(C) No. 8129/2015, W.P.(C) No. 8130/2015, W.P.(C) No. 8131/2015, W.P.(C) No. 8133/2015,W.P.(C) No. 8134/2015, W.P.(C) No. 8135/2015 & W.P.(C) No. 8140/2015.
5. The aforesaid judgment has no relevance to the subject matter in hand.
6. Accordingly, these petitions are also disposed of in terms of the judgment in W.P.(C) No.1414/2012 by permitting the petitioners to make their applications to the APMC for allotment of the space / shop in Ghazipur Subzi mandi and with a direction that as and when Ghazipur Mandi is expanded and new spaces / shops for allotment are available therein and criteria for allotment thereof has been laid down / prescribed, the applications of the petitioners shall also be considered on their merit. No costs.
RAJIV SAHAI ENDLAW, J. SEPTEMBER 15, 2015 ‘pp’..