Uttarakhand High Court
WPPIL/224/2021 on 5 January, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
AND
JUSTICE SHRI ALOK KUMAR VERMA
WRIT PETITION (PIL) NO. 224 OF 2021
5th JANUARY, 2022
Between:
Amandeep Singh (male) aged about 40 years S/o
Ujagar Singh R/o H. No. 133, Kartarpur (Sua Nagal)
Kaushalganj Rampur, Uttar Pradesh, General
Secretary, Tarai Kisan Sangthan, Rudrapur, Udham
Singh Nagar.
...... Petitioner
And
1. State of Uttarakhand, through Secretary, Agriculture,
State of Uttarakhand, Dehradun
2. District Magistrate, Udham Singh Nagar / District
Election Officer, Udham Singh Nagar.
3. Director, Krishi Utpadan Vipan Board, Mandi Bhawan,
Rudrapur, Udham Singh Nagar.
4. Chairman / Secretary, Krishi Utpadan Mandi Samiti,
Rudrapur, Udham Singh Nagar.
......Respondents
Counsel for the petitioner : Ms. Prabha Naithani, learned
counsel
Counsel for respondent No. 1 & 2 : Mr. J.C. Pande, learned Standing
Counsel for the State
Counsel for respondent No. 3 & 4 : Mr. N.S. Pundir, learned counsel
Upon hearing the learned Counsel, the Court made
the following
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JUDGMENT: (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)
In this case, the petitioner has prayed to issue
a writ of mandamus directing the respondents not to
acquire / take over the premises of "Naveen Mandi
Sthal", Bagwara, Rudrapur, Udham Singh Nagar, for the
purpose of forthcoming Assembly Elections, and also to
issue a writ of mandamus directing the respondents not
to cause any hurdle in the activities of sale and purchase
of agricultural produces at the aforesaid "Naveen Mandi
Sthal".
2) The learned counsel for the petitioner submits
that like every year, this year also, the "Naveen Mandi
Sthal" is being used for the purpose of sale and purchase
of agricultural produces, and if the entire Mandi is taken
over for the purpose of elections, then the poor
agriculturists and horticulturists will face insurmountable
difficulty. It is also argued that in the previous year the
entire Mandi was not taken over for the purpose of
election. Rather, a portion of the same was left for the
operation of the agriculturists.
3) In view of the matter, as the learned counsel
for the respondents are not in a position to provide
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appropriate instructions, we dispose of the Writ Petition
(PIL) giving liberty to the petitioner to file a fresh
representation along with a certified copy of this order,
as also the Annexure-3, annexed with the writ petition.
It will be proper if the petitioner submit a copy of the
brief before the District Magistrate, Udham Singh Nagar
/ District Election Officer, Udham Singh Nagar for his
consideration. In such an event, the Opposite Party No.
2 shall consider the representation of the petitioner, and
after affording a reasonable opportunity of hearing to
the petitioner and similarly situated persons, and having
considered the grievances of the petitioner dispose of
the representation of the petitioner by way of a speaking
and reasonable order. The Opposite Party No. 2 shall be
at liberty to have a physical verification of the spot.
4) The learned counsel for the petitioner
undertakes that the petitioner shall submit a copy of the
writ application along with a certified copy of this order,
as directed earlier, within a period of five days to the
Opposite Party No. 2. The Opposite Party No. 2 shall
take a decision thereon within ten days thereafter.
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5) Let a certified copy of this order be supplied to
the learned counsel for the petitioner during the course
of the day on payment of the usual charges.
6) There shall be no order as to costs.
7) The Interim Relief application (IA No. 01 of
2021) also stands disposed of.
___________________________
SANJAYA KUMAR MISHRA, A.C.J.
_________________
ALOK KUMAR VERMA, J.
Dated: 5th JANUARY, 2022
Negi
