M/S Raain Fruit Company Thru.His Legal Heir… — Writ and Judicial Review | Allahabad HC (2026)

M/S Raain Fruit Company Thru.His Legal Heir… — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Liberty to move a fresh application for transfer of the mandi license before respondent no.4 (Secretary, Krishi Utpadan Mandi Samiti, Karnailganj, District Gonda) within seven days; respondent no.4 to decide within four weeks thereafter by a reasoned and speaking order and communicate the decision; no coercive action against the petitioner till decision; conditions of order dated 25.10.2017 in Writ Petition No. 23444 of 2017 (MB) to apply to the petitioner.

Issue for consideration

Whether the respondents should consider and decide the petitioner's application dated 03.03.2024 for transfer of the mandi license originally awarded to his late father Peer Gulam.

Court's answer

The petition is disposed of with liberty to the petitioner to move a fresh application for transfer of the mandi license before respondent no.4, Secretary, Krishi Utpadan Mandi Samiti, Karnailganj, District Gonda, within seven days.

Ratio / Principle

If the fresh application is made within the prescribed time, respondent no.4 shall consider and decide it within four weeks thereafter, in accordance with law, by a reasoned and speaking order, and communicate the decision to the petitioner.

Key takeaways

Till a decision is taken on the petitioner's application, no coercive action shall be taken by the respondents against the petitioner.ratio¶5 (contd.)
The conditions imposed by this Court in Writ Petition No. 23444 of 2017 (MB) by order dated 25.10.2017 shall apply to the petitioner, who is bound to comply with them; in case of any infraction, the respondents would be at liberty to take appropriate action in accordance with law.ratio¶6

Detailed headnote1 paragraphs

Mandi licence - transfer on death of licensee - petitioner's father Peer Gulam, proprietor of M/s Raain Fruit Company at Naveen Mandi Sthal, Karnailganj, District Gonda, held licence issued on 14.06.2010 and died on 14.01.2024; petitioner's application dated 03.03.2024 for transfer of the licence, accompanied by consent letter of the other sons, lay undecided - writ petition under Article 226 disposed of with liberty to move a fresh application before respondent no.4, Secretary, Krishi Utpadan Mandi Samiti, Karnailganj, District Gonda, within seven days; Samiti to consider and decide within four weeks thereafter in accordance with law by a reasoned and speaking order and communicate the decision; no coercive action against the petitioner till decision; conditions imposed in Writ Petition No. 23444 of 2017 (MB) by order dated 25.10.2017 to bind the petitioner, breach permitting action by respondents in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 1701 of 2026

M/S Raain Fruit Company Thru.His Legal Heir Mohammad Sageer

.....Petitioner(s)

Versus

U.P. Rajya Krishi Utpadan Mandi Parishad Thru. Director Lko. And 5 Others

.....Respondent(s) Counsel for Petitioner(s) : Rajeev Kumar Mishra Rudra, Diwakar Prasad Tiwari Counsel for Respondent(s) : Surendra Kumar Singh, C.S.C.

Court No. - 5

HON'BLE ALOK MATHUR, J. HON'BLE AMITABH KUMAR RAI, J.

1. Heard Sri Rajeev Kumar Mishra Rudra, learned counsel for the petitioner; learned Standing Counsel for respondent nos. 2, 3, 5 and 6; and Sri Surendra Kumar Singh, learned counsel for respondent nos. 1 and 4.

2. The grievance raised by the petitioner is with regard to non-consideration of his application for transfer of the mandi license in favour of the petitioner, which was initially awarded in favour of one Peer Gulam.

3. It has been submitted by learned counsel for the petitioner that his father, Peer Gulam, was a proprietor of M/s Raain Fruit Company, operated at Naveen Mandi Sthal, Karnailganj, District Gonda and the said licence was issued on 14.06.2010. It is further stated that Peer Gulam died on 14.01.2024, pursuant to which the petitioner has moved an application for transfer of the mandi license in his favour and along with the said application, he has submitted the consent letter signed by the other sons of late Peer Gulam. It is submitted that, till date, his application, which was given on 03.03.2024, has not been decided and in the aforesaid circumstances, he has approached this Court by filing the present petition under Article 226 of the Constitution of India, praying for a direction to the respondents to grant him the mandi license.

4. Learned counsel for the respondents does not oppose the innocuous prayer made by the petitioner.

5. Accordingly, the petition is disposed of , giving liberty to the petitioner to move a fresh application to respondent no.4, Secretary, Krishi Utpadan Mandi Samiti, Karnailganj, District Gonda, within a period of seven days from today.

WRIC No. 1701 of 2026

2

In case the said application is made within the time prescribed hereinabove, respondent no.4 shall proceed to consider and decide the same within four weeks thereafter, in accordance with law by a reasoned and speaking order and communicate the same to the petitioner. It is expected that till a decision is taken on the application of the petitioner, no coercive action shall be taken by the respondents against the petitioner.

6. Learned counsel for the petitioner has also fairly submitted that the conditions imposed by this Court in Writ Petition No. 23444 of 2017 (MB), vide order dated 25.10.2017, shall be applicable to the petitioner also and he is bound to comply with the same and in case of any infraction, the respondents would be at liberty to take appropriate action in accordance with law.

February 18, 2026 Ashish Dewal

(Amitabh Kumar Rai,J.) (Alok Mathur,J.)

Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench