M/S Diamond Fruit Company Thru. ... vs State Of ...
2021 Latest Caselaw 787 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- MISC. SINGLE No. - 550 of 2021
 

 
Petitioner :- M/S Diamond Fruit Company Thru. Prop. Rahish Ahmad
 
Respondent :- State Of U.P.Thru.Prin.Secy.Krishi Vipra/Videsh Vyapar & Ors
 
Counsel for Petitioner :- Himanshu Raghave,Snajay Tripathi
 
Counsel for Respondent :- C.S.C.,H.C. Mehrotra
 

 
Hon'ble Rajnish Kumar,J.

Heard Shri Himanshu Raghave, learned counsel for the petitioner and Shri N.C.Mehrotra, learned counsel for he opposite parties no.2 and 3.

There is consensus between the learned counsel for the parties that this case is covered by judgment and order dated 27.01.2020 passed in Bunch of writ petitions leading being Misc. Single No.35632 of 2019;M/s. Imaran Fruits Co. Whole Seller through Manager Mohd.Arif Versus State of U.P. and others, the operative portion of which is extracted below:-

"In view of the above and in view of the statement made by Sri J.N.Mathur, the impugned orders canceling the temporary allotment of Chabootaras to the petitioners cannot be allowed to continue any further, subject of course to fresh auction being held in accordance with Regulations and what has been stated hereinabove and the petitioners participating in the said Regulations as they are bound to do in view of Regulation 12(4) of the Regulations 2016, therefore the impugned orders dated 23.11.2019 (Annexure-1) and 14.2.2019 (Annexure-2) are, therefore, quashed accordingly.

Any observations made herein shall not be made the basis by any person who may have taken a shop in auction to challenge the same, meaning thereby, transactions which have been closed shall not be reopened.

All the petitions are allowed in the aforesaid terms, but subject to observations made hereinabove."

In view of the consensus between the learned counsel for the parties, the writ petition is disposed of in terms of the aforesaid judgment.

.

.........................................(Rajnish Kumar,J.)

Order Date :- 12.1.2021

Banswar