Orai Galla Vyapaar Seva Samiti And ... vs State Of U P And 2 Others
2019 Latest Caselaw 3135 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - C No. - 13494 of 2019
 

 
Petitioner :- Orai Galla Vyapaar Seva Samiti And Another
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Taniya Pandey
 
Counsel for Respondent :- C.S.C.,Archit Mandhyan
 

 
Hon'ble Pankaj Mithal,J.

Hon'ble Prakash Padia,J.

Heard Miss. Taniya Pandey, learned counsel for the petitioners, learned Standing Counsel and Sri Nipendra Misra, learned counsel appearing for respondent no.2.

The petitioner no. 1 is an association of the wholesale dealers of wheat and petitioner no. 2 is its President. They are aggrieved by the first condition as contained in the order dated 6th April, 2019 issued by the District Magistrate, Jalaun at Orai.

The submission is that the aforesaid order is without jurisdiction and that the District Magistrate has no power under Section 33 of the U.P. Krishi Utpadan Mandi Adhiniyam,1964 to issue such an order. Secondly, the condition not allowing the private whole-sellers to operate within 200 Meters of the purchase centre of wheat established by the District Magistrate is wholly arbitrary and amounts to depriving the members of the petitioner's society from their well established business.

Sri Nipendra Misra, learned counsel has pointed out that the aforesaid letter of the District Magistrate has been issued in pursuance to the wheat policy of the year 2019-20 dated 6th March, 2019 where the District Magistrates have been directed to ensure the sale of wheat by the farmers on the minimum support price of Rs.1840/- per quintal.

Notwithstanding that the aforesaid letter of the District Magistrate may be in consonance with the wheat policy, nonetheless the question that arise is as to what is the basis or rationale behind fixing 200 meters radius for prohibiting the private whole-sellers to operate and as to the reason behind stopping such private dealers in the said area of the operation of the purchase centre.

Learned Standing Counsel may seek instructions in this regard within three days.

Put up on Wednesday, the 24th April,l 2019, in the additional cause list.

Order Date :- 18.4.2019

M.A.Ansari