Chief Justice's Court
Case :- WRIT - C No. - 8197 of 2018 Petitioner :- Yusuf And 25 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Sinha,Mahesh Sharma Counsel for Respondent :- C.S.C.,Archit Mandhyan
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr Vinod Sinha, learned counsel for the petitioners and Mr M C Chaturvedi, learned Senior Counsel, assisted by Mr Ashish Mishra, learned counsel for respondent nos.2, 4 and 5.
The prayers made in the writ petition, read thus:
"I) Issue a writ, order or direction in the nature of mandamus directing the respondent no.4 and 5 to direct the respondent no.4 and 5 to provide the application form for obtaining license to carry on business of sale and purchase of fruits and vegetables in Navin Phal Subzi Mandi Sthal, Noida and also to grant of license to the petitioners forthwith.
II) Issue a writ order or direction in the nature of mandamus directing the respondent no.3 to 5 to decide the representation dated 3.2.2018 filed by petitioners (Annexure No.11 to the writ petition)."
It appears that respondent no.4-Mandi Samiti has issued an advertisement for grant of fresh licences in pursuance of the order passed by this Court dated 2.3.2017. In the advertisement, they have reproduced the operative portion of the order passed by this Court. The petitioners contend that the respondent-Mandi Samiti, in view of the order passed by this Court and as reproduced in the advertisement, is not issuing application forms to the petitioners on the ground that the petitioners were not party to the writ petition and/or they are not covered by the order passed by this Court.
From a bare perusal of our order, in particular, direction nos.3 and 5, it is clear that not only the petitioners, who were party to the writ petition falling in Category B and C are eligible to apply for licence, but other similarly placed persons, who were not before the Court, are also entitled to make application for grant of licence.
With these clarifications, the petition is disposed of.
Order Date :- 28.2.2018 RKK/-
(Dilip B Bhosale, CJ) (Suneet Kumar, J)