Anil v. Haryana State Agricultural Marketing Board And Others



  

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


  

Date of Decision:26.05.2022 Anil ...... Petitioner

Versus

State Agricultural Marketing Board and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE AMOL RATTAN SINGH HON'BLE MR. JUSTICE LALIT BATRA *****
 



      

    ***** AMOL RATTAN SINGH, J. (ORAL) Vide this petition, the petitioner seeks issuance of a writ in the nature of mandamus directing the respondent authorities to consider his case at parity with other allottees who were allotted shops/booths in the year 2015 (prior to the petitioner). He further seeks that the case of the petitioner be considered for allotment of an alternate site from amongst the vacant plot nos.108, 109 and 121 at the New Vegetable Market, Bahadurgarh.

   for the petitioner submits that though the petitioner had initially approached the Permanent Lok Adalat, Jhajjar, and that application had been initially entertained eventually vide the order Annexure P-12, dated 30.08.2019, it was held that the said forum would not have jurisdiction to entertain the application, with the petitioner therefore relegated to his remedy before the appropriate forum.

DINESH 2022.05.30 14:16 I attest to the accuracy of this document



  

-2Strangely, the petitioner approached the Zonal Administrator, Haryana State Agricultural Marketing Board, Gurugram, vide an appeal, who vide his order dated 21.09.2021 (copy Annexure P-14), in essence held that the said authority could only entertain an appeal against an order passed by a lower authority; and as such no order could be passed in an appeal filed by the petitioner (and one Hemmat Kakkar), there being no order actually challenged of any such authority. Without going into the merits of the matter, it is seen that the petitioner has also made a representation to the Executive Officer-cum Secretary, Market Committee, Bahadurgarh (copy Annexure P-18), shown to be received in the said office on 21.12.2021.

That being so,       

    Executive Officer-cum Secretary, Market Committee or any other appropriate authority as would have jurisdiction to pass an order on the matter, to pass a speaking order within a period of  

  

    

 

 

      

   



  

 

 



(AMOL RATTAN SINGH) JUDGE   



 



Whether speaking/reasoned Yes Whether Reportable No DINESH 2022.05.30 14:16 I attest to the accuracy of this document