M/S Jai Lal Hari Om (Through Its Prop.) v. Delhi Fodder Market Commitee And ANR.

$~252 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4715/2015 M/S JAI LAL HARI OM (THROUGH ITS PROP.) .....Petitioner Through:

Mr. Bhavnesh Dalal, Advocate versus DELHI FODDER MARKET COMMITEE AND ANR.

.....Respondents Through:

Mrs. Avnish Ahlawat, Standing Counsel, GNCTD along with Mr.

N.K Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 12.12.2024 1.

The matter was passed over at the request of the learned Counsel appearing on behalf of the Petitioner on the first call. Once again, a pass over is sought. Given the position of the board, the pass over is not possible.

3.

The Affidavit, as was directed to be filed in respect of the Order dated 22.11.2024 passed by this Court, is on record. The Affidavit relies on a notification dated 18.12.2014 which states that the regulation of marketing of the agricultural produce shall cease in the National Capital Territory of Delhi with immediate effect. The relevant extract of the said Affidavit is below:

"3. That vide a notification dated 18.12.2014 the regulation of marketing of Jawar, Karbi, Bajra, Kavli, Wheat Bhoosa, Gram Bhoosa, Jawar Green, Jaii Green, Barrseern, Rajka, Loosan and Palla, which are agricultural produce pertaining to items under Clause-VIII 'Grass and Fodder', specified in the schedule lo the Delhi Agricultural Produce Marketing (Regulation) Act 1998 and in supersession of notification elated 28.05.1965 the Lt. Governor of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 20:41:19

National Capital Territory of Delhi is pleased to declare the regulation of the Marketing of the aforesaid agricultural produce shall cease in the National Capital Territory of Delhi with immediate effect. Copy of the notification is annexed as Anncxure R-3."

4.

The present Petition has been filed by the Petitioner seeking possession of plot number 5 admeasuring 70 sq. yards which was allotted to him.

5.

Learned Standing Counsel appearing on behalf of the Respondent No. 1 submits that since the fodder trade was de-notified in Delhi on 10.09.2009, the question of allotting any space to a party for dealing in the fodder trade does not arise.

5.1 Learned Standing Counsel for the Respondent No. 1 further relies on the Order dated 07.10.2024 being W.P.(C) 7084/2013 captioned Jitender Singh and Anr. v. Delhi Agriculture Marketing Board and Ors. passed by this Court, where a similar matter was disposed of by a Coordinate Bench of this Court.

6.

In view of what is stated in the Affidavit placed on record by the Respondent No. 1, the prayers in the present Petition cannot be granted 7.

The present Petition is accordingly disposed of. 8.

However, the liberty is granted to the Petitioner to take appropriate steps for refund of the advance amount deposited with the Respondent. TARA VITASTA GANJU, J DECEMBER 12, 2024 g.joshi Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 20:41:19