This common judgment disposed of three writ petitions challenging office memorandums regarding the renewal of allotments in mandi samiti after fresh agreements were arrived at between the parties.
Writ petitions disposed of in terms of the fresh agreement arrived at between the parties.
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Court No. - 38
Case :- WRIT - C No. - 28789 of 2018
Petitioner :- M/S Sana Fruit And Vegetable Company And Another Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Manish Dev,Shri M.D. Singh Shekhar(Senior Advocate)
Counsel for Respondent :- C.S.C.,Ashish Mishra,Rajesh Kumar Yadav
WITH
Case :- WRIT - C No. - 28801 of 2018
Petitioner :- M/S Preetam Singh And Sons And 4 Others Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Manish Dev,Shri M. D. Singh Shekhar(Senior Advocate)
Counsel for Respondent :- C.S.C.,Rajesh Kumar Yadav
AND
Case :- WRIT - C No. - 32918 of 2018
Petitioner :- M/S Nawab And Company Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manish Dev Counsel for Respondent :- C.S.C.,Ashish Mishra,Rajesh Kumar Yadav
Hon'ble Abhinava Upadhya,J. Hon'ble Ajay Bhanot,J.
Since all these writ petitions involve common questions of fact and law, hence they are being decided by this common judgment.
Heard Shri M.D. Singh 'Shekhar', learned Senior Advocate assisted by Shri Manish Dev Srivastava appearing for the petitioners and Shri Ashish Mishra as well as learned Standing Counsel appearing for the respondents.
By means of this writ petition the petitioners, which are claiming themselves to be allottees of the mandi samiti, had come to this Court against the office memorandums dated 30.7.2018 and 14.8.2018.
The said office memorandum merely clarified that the allotment would be renewed, but the period from which it will be renewed was not mentioned in the agreement between the petitioners and the mandi samiti. Now a fresh agreement has been
arrived at between the allottees and the mandi samiti and by Clause 23 of the said agreement the period of 20 years has been fixed after which renewal would be considered upon certain conditions.
That being the case, no cause of action now survives.
In terms of the agreement arrived at between the parties, the writ petitions are disposed of.
Order Date :- 15.11.2018 Sunil Kr. Gupta
(Ajay Bhanot, J.) (Abhinava Upadhya, J.)
1 issue framed by the court
Whether the filing of fresh agreements regarding the renewal period of allotment in mandi samiti negates the cause of action in pending writ petitions?
M/S Sana Fruit And Vegetable Company
State Of U P
M/S Preetam Singh And Sons
M/S Nawab And Company
Abhinava Upadhya
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
