Petitioners alleging that they are farmers and selling vegitables produced by them by sitting at the out-skirt of village Joshipara during morning hours between 5.00 a.m. and 8.00 a.m. have brought under challenge the order Annexure : E dated 31.8.1996 passed by respondent No.1 District Magistrate, Junagadh District to the effect that the Notification issued under Section 33(1)(b) of the Bombay Police Act, 1951 on 28.11.1990 is not to be changed, altered or amended in any manner and is to be continued. The grievance of the petitioner is that they are selling the vegetables on retail basis. At the time when the village Joshipara was having Gram Panchayat, it passed Resolution on 13.10.1988 allowing the farmers to do their business. However, the respondent No.3 Agricultural Produce Market Committee had different ideas and, therefore, the petition was required to be filed before this Court (Special Civil Application No.176 of 1991). The result was that the petitioners could not be removed from the place during the period stated by the petitioners. Hence the respondent No.1 issued the aforesaid notification dated 28.11.1990 under the aforesaid provision of the Bombay Police Act. The said notification was challenged by four farmers by filing Special Civil Application No. 176/91. This Court directed the respondent No.1 to take fresh decision after considering the petitioners' say. Even then suddenly on 31.8.1996 the respondent No.1 passed an order maintaining the earlier notification. On the allegations of these facts as contained in the statement of events the petitioners have moved this petition as stated hereinabove.
Mr.Harin Raval, learned Advocate for the Agricultural Produce Market Committee in the first instance clarified the facts by making reference to page 80 which is a copy of Resolution No.14 passed by the Joshipara Municipal Borough withdrawing the resolution passed by the Panchayat. Another clarification which Mr.Raval seeks to make is that the order impugned in this petition was not passed suddenly, but it was passed pursuant to the directions issued by this Court on 29.8.1996 (Coram : N.N.Mathur, J.) in Special Civil Application No.9366 of 1995.
When this matter came up for hearing before this Court the instructions were sought from respondent No.1 for modification of the impugned order permitting the petitioners to carry on retail business only during the early morning hours viz. 5.00 a.m. to 8.00 a.m. The learned A.G.P. frankly submits that respondent No.1 has not been able to convey any instruction so far. However, learned A.G.P. made submissions on merits and after hearing the learned A.G.P. this order is passed.
Under the above circumstances this matter is required to be taken on hand for final disposal by virtue of the fact that the Agricultural Produce Market Committee, concedes through its learned Advocate Mr.Harin Raval, at whose instance the notification dated 28.11.1990 was issued and as a result of which the impugned order has been passed by the respondent No.1, that the petitioners and other farmers might be permitted to carry on only the retail business of vegetables only during early morning hours between 5.00 a.m. and 8.00 a.m. On this concession following directions are issued:
The impugned notification and impugned order shall stand modified to the extent that the petitioners shall be under permission of the respondent No.1 to carry on retail business of selling vegetables at the aforesaid place between 5.00 a.m. and 8.00 a.m. and the petitioners shall not violate any of the provision of law including the Agricultural Produce Market Act.
In view of the aforesaid direction Mr.P. B. Majmudar, learned Advocate seeks to withdraw this petition at this stage. Permission granted. Notice discharged. No order as to costs.
Date : December 20, 1996 ( M. S. Parikh, J. )