M/S Ajit Singh And Sons And ANR v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 11365 of 2015 Decided on : 28.05.2015 M/s Ajit Singh & Sons and another . . . Petitioners

Versus

State of Haryana and others . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE REKHA MITTAL PRESENT: Mr. Arun Bansal, Advocate for the petitioners. **** AJAY KUMAR MITTAL, J. (Oral) The petitioners have approached this Court under Articles 226/227 of the Constitution of India, seeking a writ in the nature of mandamus directing the respondents to allow the petitioners to continue with their business at Katcha Arthiya in the old grain market. A further prayer for directing the respondents to renew the licence of petitioner No.1 in terms of Rule 21(1) of the Haryana Agricultural Produce Markets (General) Rules, 1962 and the Haryana Agricultural Produce Markets Act, 1961 has also been made.

2.

For writ of mandamus, it is essential for the petitioners to first raise a notice of demand as held by Hon'ble the Supreme Court of India in Saraswati Industrial Syndicate Ltd. etc. Vs. Union of India AIR 1975 SC 460.

3.

At this stage, learned counsel for the petitioners states that he may be allowed to withdraw the petition with liberty to the petitioners to first approach the authorities by submitting a notice of demand to them. 4.

Dismissed as withdrawn. It shall, however, be open to the petitioners to take recourse to remedies, if any, as may be available in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (REKHA MITTAL) May 28, 2015 JUDGE J.Ram JAWALA RAM 2015.05.30 11:56 I attest to the accuracy and authenticity of this document Chandigarh