M/S Begraj Vedpal v. Delhi Agricultural Marketing Board and Anr.

Delhi High Court · 04 Apr 2019 · 2019:DHC:7875
Vibhu Bakhrru
W.P.(C)5319/2018
2019:DHC:7875
administrative petition_allowed

AI Summary

The Delhi High Court directed the Flower Market Committee to consider petitioners' representations for alternate site allotments and pass a speaking order, disposing of writ petitions challenging selective reallocation of shops.

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.L.- $-21 to 30 HIGH COURT OF DELHI
W.P.(C)5319/2018& CM APPL.20634/2018.35596/2018
M/S BEGRAJ VEDPAL Petitioner
Through Mr Manohar Malik,Advocate.
VERSUS
DELHI AGRICULTURAL MARKETING BOARD AND ANR. Respondents
Through Mrs Avnish Ahlawat,Standing Counsel DAMB with Mr Nitesh Kumar Singh,Advocate for respondents.
22.
W.P.(0 5320/2018& CM No.20636/2018 M/S BISHT FLOWERS Petitioner
VERSUS
23.y ' W.P.fCI 5321/2018 & CM No.20638/2018 SH.SHER SINGH SAINI Petitioner
VERSUS
2019:DHC:7875 DAjVlB with Mr Nitesh Kumar Singh,Advocate
24.
W.P.(C^ 5324/2018 & CM No.20647/2018 SANGEETA CHAUHAN ..... Petitioner
VERSUS
BOARD & ANR Respondents DAME with Mr Nitesh Kumar Singh,Advocate
25.
W.P.(CI 5325/2018 & CM No.20649/2018
MOHMMAD JAMIL Petitioner
VERSUS
26.
W.P.(C)5327/2018 & CM No.20653/2018
SH.RAKESH JAISWAL Petitioner
VERSUS
r 27.
W.P.(C)5328/2018 & CM No.20655/2018
SH.K.N.SHARMA Petitioner
VERSUS
BOARD AND ANR. ..... Respondents 28.
W.P.(C)5329/2018 & CM No.20657/2018
PRADEEP NAINWAL Petitioner
VERSUS
29.
W.P.(C)5363/2018 & CM No.20800-20801/2018
SH.NARESH KUMAR Petitioner
VERSUS
BOARD AND ANR. ..... Respondents 30.
W.P.(CI 5370/2018 & CM No.20891-20892/2018 r SH.SUJEET SAINI Petitioner
Through Mr Manohar Malik,Advocate,
VERSUS
CORAM:
HON'BLE MR.JUSTICE VIBHU BAKHRU
04.04.2019
ORDER

1. The petitioners are traders engaged in the whole sale trade offlowers and are licence holders of B-Category Licence for operating in the Flower Trade Centre located at Ghazipur. The prayers made in the petitions are similarly worded and read as under "(a) issue a writ ofcertiorari or any other appropriate writ, order or direction to quash and set aside the Resolution NO. 367/2016 dated 23.02.2016 and Allotment/Shifting Letters dated 31.05.2016 issued by the Respondent No.2 in favour ofsome selective traders having Shops Nos.B-2to B-11; (b) issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent No. 1 Board not to proceed with any further actions pursuantto the aforesaid impugned reallotment/shifting letters dated 31.05.2016;

(c) issue a writ of mandamus or any other appropriate writ, order or direction against the Respondents to pass a speaking order within a period as prescribed by this Hon'ble Court based on a fair, transparent, uniform and unbiased procedure to shift/relocate the traders including the Petitioner from their present disadvantageous location to a better location preferably near the market gate ofthe Flower Market,Gazipur,Delhi;"

2. Insofar as prayer(a)is concerned-that is,regarding the petitioners' challenge to the resolution dated 23.02.2016 and allotment letters dated 31.05.2016 issued to the traders having shop Nos.B-2to B-11-the leamed counsel appearing forthe petitioners states thatthe petitioners do not wish to press the said prayer. He flirthef states that a representation for allotment of alternate sites {Phars) would be made to the concerned Flower Market Committee and the petitioners would be satisfied if the Flower Market Committee is directed to considerthe said representation(s).

3. This is agreeable to the respondents.

4. In view ofthe consensus between the counselfor both the parties,the petitioners are permitted to make representation(s)to the respondents.In the event,the petitioners make representation within aperiod oftwo weeksfrom today,the concerned Flower Market Committee shall consider the same and pass a speaking order as expeditiously as possible and preferably within a period ofeight weeks thereafter.

5. The petitions are disposed of in the aforesaid terms. All pending applications stand disposed of.

VIBHU BAKHRU,J APRIL 04,2019 pkv