M/S Shree Ram Radhey Shyam And ORS v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-20255-2015 (O&M) Date of decision:- 31.08.2017 M/s Shree Ram Radhey Shyam Commission Agent and others

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE HON'BLE MR. JUSTICE HARINDER SINGH SIDHU Present:- Mr. Rajnish Gupta, Advocate, for the petitioners.

Mr. R.K.S. Brar, Additional Advocate General, Haryana, for respondent No. 1.

Mr. Amar Vivek, Advocate, for respondents No. 2 and 3.

* * * * S.J. VAZIFDAR, C.J. (ORAL) The petitioners had originally sought an order directing the respondents to issue letters of allotment in respect of each of them. When the writ petition was filed, the issue as to whether the letters of allotment ought to be issued to the petitioners or any one or more of them had not been decided by the Chief Administrator, Haryana State Agricultural Marketing Board. During the pendency of this writ petition, the Chief Administrator by an order dated 01.04.2016 held that the petitioners were entitled to the letters of allotment. Respondent No. 3 - Market Committee, Assandh has filed revision applications against the order of the Chief Administrator. The revision applications are pending.

The rights of the Amodh Sharma 2017.09.01 15:34 I attest to the accuracy and integrity of this document Chandigarh

CWP-20255-2015 (O&M) petitioners would depend upon the outcome of the revision applications.

2.

Mr. Amar Vivek, the learned counsel appearing on behalf of respondents No. 2 and 3, fairly states that in the event of the revision applications being decided against the respondents and such order attaining finality, the letters of allotment would have to be issued in favour of the petitioners subject to their complying with all the terms and conditions. If, on the other hand, the revision applications are decided against the petitioners, the matter would rest there and the petitioners would not be entitled to the letters of allotment. 3.

In these circumstances, the petition is disposed of with liberty to the parties to challenge the orders in revision, if they so desire and if necessary. As the plots have already been allotted/handed over in respect of each of the petitioners, the parties shall maintain status quo in respect thereof till the order of the revisional authority.

In the event of the revisional authority being against the petitioners, status quo shall be maintained for a further period of eight weeks after the service of the orders upon the petitioners.

The revisional authority is requested to dispose of the revision applications as expeditiously as possible. (S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 31.08.2017 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No
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