Delhi High Court
Kisan Sabji Mandi Nangloi Aadthi ... vs Govt Of Nct Of Delhi And Ors on 8 December, 2016
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11576/2016 & CM 45604/2016 (stay)
KISAN SABJI MANDI NANGLOI AADTHI AND ORS
..... Petitioners
Through : Mr. Kirti Uppal, Sr. Advocate with
Mr. P.I. Jose, Mr. Shashank Mishra,
Mr. Kunal Manav and
Mr.Siddharth Chopra, Advocates
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through : Mr. D. Rajeshwar Rao, Advocate
for R-1, 4 and 5.
Ms. Avnish Ahlawat and
Ms. Latika Chaudhary, Advocates for R-2 & 3.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 08.12.2016
1. In view of the plea taken yesterday by Ms. Ahlawat, counsel for
respondents No.2 and 3 that the present petition filed by Kisan Subzi Mandi
Nangloi Aadhti Association for adding the names of its members to the
electoral list to enable them to cast their votes in the election to be
conducted on 12.12.2016, for filling up the vacancies in the Delhi
Agricultural Marketing Board, APMC MNI Azadpur and for constituting
new Marketing Committees in terms of the Notification dated 8.11.2016, is
not maintainable, she was directed to obtain clear instructions.
2. Today, Ms. Ahlawat, learned counsel for respondents No.2 and 3
states that the petitioners herein had filed a writ petition in this Court in the
year 2014, wherein they have sought quashing of the Notification dated
2.9.2014 issued by the Directorate of Agricultural Marketing declaring that
regulation of marketing of fruits and vegetables shall cease beyond the
markets/market yards/sub-yards of the respective Marketing Committees,
including APMC MNI, Azadpur, APMC, Keshopur and APMC, Shahdara,
with immediate effect. Further, the petitioner has sought quashing of the
decision of the APMC, Keshopur dated 23.9.2014, intimating its members
that they propose to cancel their licences. She states that the aforesaid
petition along with the connected petitions is listed for arguments on
11.1.2017. She hands over a copy of the written synopsis filed by the
respondents No.2 and 3 in one of the connected petitions, registered as
WP(C)No.7841/2014, with a copy to the other side. The same is taken on
record.
3. Ms. Ahlawat states that till the entitlement of the members of the
petitioner to a licence is decided in the pending petition, the question of their
being permitted to vote on the strength of licences that are no longer in
existence, does not arise.
4. Mr. Jose, learned counsel for the petitioner states that as the
substantive question raised with regard to the legality and validity of the
Notification dated 2.9.2014 is under consideration in WP(C)8281/2014 and
some connected petitions, which are pending decision before another Bench,
the petitioner may be permitted to withdraw the present petition, while
reserving its rights to raise the aspect of the right of its members to cast their
vote the elections to be held in future in the event they succeed in the said
petition and to challenge the elections that are proposed to be held on
12.12.2016.
5. Leave, as prayed for, is granted. The writ petition is dismissed as
withdrawn, along with the pending application.
HIMA KOHLI, J
DECEMBER 08, 2016
sk/ap
