Disposed

M/S Bala Ji Traders Mandi Sthal Sitapur Thru. Proprietor Shashank Raj Sonker v. State of U.P. Thru. Addl. Chief Secy. Agriculture Marketing and Exports Lko. and 3 Others

Allahabad HC22 Oct 2024WRIC/7803/2024

Case brief

AI extract

What is this about?

Writ petition challenging cancellation of shop allotment and suspension of commission agent license without issuance of a show cause notice. Court directed respondent to disclose if any notice was issued.

What did the court decide?

Listed for fresh hearing for respondent to provide instructions on any show cause notice issued and statutory provisions invoked.

M/S Bala Ji Traders Mandi Sthal Sitapur Thru… — Service and Employment | Allahabad HC (2024)

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Court No. - 3

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Case :- WRIT - C No. - 7803 of 2024 Petitioner :- M/S Bala Ji Traders Mandi Sthal Sitapur Thru. Proprietor Shashank Raj Sonker Respondent :- State Of U.P. Thru. Addl. Chief Secy. Agriculture Marketing And Exports Lko. And 3 Others Counsel for Petitioner :- Smt. Nalini Prakash Jain Counsel for Respondent :- C.S.C.,Naresh Chandra Mehrotra

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

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Vakalatnama filed by Shri Rajesh Kumar, Advocate on behalf of Krishi Utpadan mandi Samiti is taken on record.

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Heard learned counsel for the petitioner, learned Standing Counsel for the State respondent and Shri Rajesh Kumar, learned counsel for Krishi Utpadan Mandi Samiti.

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This writ petition has been filed with the following main prayer:-

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"(i). issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 23.08.2024 passed by the Secretary, Rajya Krishi Utpadan Mandi Parishad, Lucknow i.e. opposite party no.3 contained as Annexure no. 1 to this writ petition in the interest of justice."

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It is the case of the petitioner that the petitioner was granted license by the respondents for running business of wholesaler and as Commission Agent at Naveen Galla Mandi, Sitapur Road, Lucknow and he was allotted a shop bearing Shop No.A-05j. Such allotment was done on 22.07.2014. All of a sudden, on 19.07.2024, the petitioner received a impugned order where it was stated that shop of the petitioner was inspected on 18.07.2024 by the Director and Deputy Director of the Mandi Parishad and it was found that the petitioner was not working on his allotted shop but he has given the shop on rent to one M/s. Rahman Fruit Company, who has installed a big size AC Freezer in the said shop.

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The petitioner has made representation for soft copy of the inspection report allegedly done on 18.07.2024. Simultaneously, cancellation of allotment of shop of the petitioner and license as a Commission Agent has also been suspended. No show cause notice was ever issued to the petitioner. Hence, the present writ petition has been filed.

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Learned Standing Counsel appearing for the respondents is directed to seek instructions with regard to any show cause notice ever issued to the petitioner before cancellation of the shop and under which section or statutory provision, the allotment of the shop of the

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petitioner has been cancelled simultaneously, suspension of license to do business as a Commission Agent.

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List in the next week as fresh.

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Order Date :- 10.9.2024 Pks

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

M/S Bala Ji Traders Mandi Sthal Sitapur Thru. Proprietor Shashank Raj Sonker v. State of U.P. Thru. Addl. Chief Secy. Agriculture Marketing and Exports Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

M/S Bala Ji Traders Mandi Sthal Sitapur Thru. Proprietor Shashank Raj Sonker v. State of U.P. Thru. Addl. Chief Secy. Agriculture Marketing and Exports Lko. and 3 Others

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