Mohd Yunus Pravez vs Satya Dev Prasad Gupta & Ors on 10 May, 2022

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Delhi High Court - Orders

Mohd Yunus Pravez vs Satya Dev Prasad Gupta & Ors on 10 May, 2022

Bench: Subramonium Prasad

$~47 to 51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 171/2020
MOHD YUNUS PRAVEZ ..... Petitioner
Through: Mr. Anil Panwar, Advocate

versus

SATYA DEV PRASAD GUPTA & ORS ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel for GNCTD (Services)
(APMC) Shahadara Mandi with Mr.
Nitesh Kumar Singh, Mr. Siddhant
Tyagi, Mr. Ajay Kumar Bhatnagar,
Advocates

+ CONT.CAS(C) 173/2020
MOHD SAHID ..... Petitioner
Through: Mr. Anil Panwar, Advocate

versus

+ CONT.CAS(C) 176/2020
MOHD SAHID ..... Petitioner
Through: Mr. Anil Panwar, Advocate

Signature Not Verified
Digitally Signed By:HARIOM
SINGH KIRMOLIYA
CONT.CAS(C) 171/2020 & Ors. Page 1 of 17
Signing Date:11.05.2022
12:29:50
versus

+ CONT.CAS(C) 177/2020
MOHD YASHIN ..... Petitioner
Through: Mr. Anil Panwar, Advocate

versus

SATYA DEV PRASAD GUPTA & ORS ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel for GNCTD (Services)
(APMC) Shahadara Mandi with Mr.
Nitesh Kumar Singh, Mr. Siddhant

Signature Not Verified
Digitally Signed By:HARIOM
SINGH KIRMOLIYA
CONT.CAS(C) 171/2020 & Ors. Page 2 of 17
Signing Date:11.05.2022
12:29:50
Tyagi, Mr. Ajay Kumar Bhatnagar,
Advocates
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER

% 10.05.2022

1. The instant petitions have been filed for non-compliance of the order dated 05.09.2019 passed by this Court in W.P.(C) 2009/2017 & other connected matters. Relevant portion of the said order reads as under:

"9. The above sequence of events show the complete arbitrary manner in which the respondents have acted against the petitioners. The petitioners had to repeatedly file petitions before this Court eventually leading to the grant of licenses in their favour. However, in spite of grant of these licenses, the petitioners were not allotted the space. By the Impugned Communications, without giving any opportunity of hearing to the petitioners, a decision was taken to refuse the renewal of the licenses for the year 2016-17. As noted hereinabove, the same is claimed to have been done on the basis of some investigation pending against the licensees including the petitioners of which no details are forthcoming.

10. In view of the above, the Impugned Communications dated 16.02.2017 and 01.02.2017 are set aside. The respondents are directed to consider the applications of the petitioners for renewal of their licenses in accordance with law. The respondents shall further consider the applications of the petitioners for grant of space in the Gazipur Sabzi Mandi. I may only note that in regard to the allotment of the spaces, the counsel for the petitioners has relied upon the Minutes of Meeting dated 25.08.2014 of the Agricultural Marketing Committee wherein, inter alia, it was Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 3 of 17 Signing Date:11.05.2022 12:29:50 decided to make temporary arrangements for the petitioners to carry out their business. The said decision shall also be kept in mind by the respondents while taking decision on the applications of the petitioners for the allotment of spaces. Decision on the applications of the petitioners shall be taken within a period of eight weeks from the communication of this order."

2. On 27.04.2022 when the petitions came up for hearing, this Court passed the following order:

"1. The instant petitions have been filed for non- compliance of the order dated 05.09.2019 passed by this Court in W.P.(C) 2009/2017 & other connected matters. The petitioners had filed the said writ petitions challenging communications dated 01.02.2017 and 16.02.2017 by which the respondent had rejected the case of the petitioners for allotment of shops at Ghazipur Sabzi Mandi. This Court vide order dated 05.09.2019, passed the following order:-

"10. In view of the above, the Impugned Communications dated 16.02.2017 and 01.02.2017 are set aside. The respondents are directed to consider the applications of the petitioners for renewal of their licenses in accordance with law. The respondents shall further consider the applications of the petitioners for grant of space in the Gazipur Sabzi Mandi. I may only note that in regard to the allotment of the spaces, the counsel for the petitioners has relied upon the Minutes of Meeting dated 25.08.2014 of the Agricultural Marketing Committee wherein, inter alia, it was decided to make temporary arrangements for the petitioners to carry out their business. The said decision shall also be kept in mind by the respondents while Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 4 of 17 Signing Date:11.05.2022 12:29:50 taking decision on the applications of the petitioners for the allotment of spaces. Decision on the applications of the petitioners shall be taken within a period of eight weeks from the communication of this order."

2. The instant contempt petitions have been filed for non-compliance of the aforesaid direction. Learned counsel for the petitioner states that the case of the petitioners was considered by the Delhi Agricultural Marketing Board on 16.10.2020 and the case had been rejected by passing the following order:-

"Whereas, the matter for allotment, of shops to 37 B-Category Licensee in r/o F&V Market, Gazipur has been placed before the Competent Authority in respect of Hon'ble High Court of Delhi order dated 14.10.2019. As per order, the Hon'ble Court has directed to consider the representations of the "14" Nos. of Petitioners regarding the reconstitution of the firm and also for allotment of shop in accordance with the law.

And whereas, as per the allotment policy of F&V Market Gazipur which was formulated and approved vide Resolution No. 45/2010 dated 06.07.2010 and confirmed vide Resolution No. 65/2010 dated 16.09.2010. As per this approved allotment policy, these licensees were rejected for allotment of shops as they were not fulfilling the terms and conditions of eligibility criteria of the said policy, i.e. not carrying on any business nor paying any market fee.

Whereas, as per the notification dt. 02.09.2014 vide which whole of Delhi earlier notified as market area under section 03 of the Agricultural Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 5 of 17 Signing Date:11.05.2022 12:29:50 Produce Marketing Regulation Act 1998 for fruits and vegetables has been de-notified except the principal market yard and sub-yard. No A & B category license is required for the individuals carrying their business anywhere in Delhi outside the market yard. The APMC or Board is not obliged to provide them the space especially when the trade is not regulated by the APMC / Board.

And whereas, the office of Board has already passed a allotment policy in the year 2015 for all fresh allotment through E-Auctions and the Board also approved the reserved prices for E-Auction of the category "A" and category "B" shops.

Now therefore, the E-Auctions policy has already been approved and the E-Auction process will be done shortly. So the said licensees can participate in the E-Auction at their will, hence, the application of these licensees is rejected. The Board is not obliged to allot shops despite the policy now framed."

3. It is stated by learned counsel for the petitioner that the order dated 16.10.2020 passed by the respondent only speaks of the order dated 14.10.2019 whereas the cases of the petitioners were decided on 05.09.2019.

4. It is submitted that this Court by its order dated 09.12.2020 had directed the petitioners to file a comparative chart showing the similarities/dissimilarities on the two sets of petitioners whose cases were decided on 05.09.2019 and 14.10.2019. In compliance of said order, an additional affidavit dated 04.01.2021 was filed. The relevant portion of the said affidavit reads as under:-

Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 6 of 17 Signing Date:11.05.2022 12:29:50

"3. That out of such 37 similarly placed cases, 05 persons initially filed Writ Petitions bearing Nos. WP(C) No. 2009/2017 - Yunus Parvez Vs. APMC 65 Anr., WP (C) No. 2010/2017 - Mohd Sahid Vs. APMC 65 Anr.,WP (C) No. 2099/2017 -Mohd Sahid Vs. APMC 85 Anr., WP (C) No. 2100/2017

- Mohd Yasin Vs. APMC 85 Anr. and WP (C) No, 2757/2017 - Yusuf Azad , Vs. APMC 85 Anr. These Writ Petitions were disposed of by the Hon'ble High Court vide its common order dated 05.09.2019. A copy of the order dated 05.09.2019 is file as Annexure AA-1.

4. That out of such 37 similarly placed cases, 08 more persons also filed Writ Petitions bearing Nos. WP(C) Nos. WP (C) No. 10029/2019 - Nahid Vs. LG & Ors., WP (C) No. 10037/2019 - Rajni Vs. LG & Ors., WP (C) No. 10038/2019 - Amir Gohar@ Akram Vs. LG & Ors., WP (C) No. 10053/2019 -Rahul Saini Vs. LG & Ors., WP (C) No; 10055/2019 - Arman & Anr. Vs. LG & Ors., WP :(C) No. 10067/2019 - Sofiya Vs. LG & Ors., WP (C) No. 8220/2019 - Shiv Raj Singh Vs. LG & Ors. and WP (C) No. 8236/2019 - Mohd. Yusuf Vs. LG & Ors. These Writ Petitions were also disposed off by the Honhle High Court vide its order dated 14.10.2019. A copy of the order dated 14.10:2019 is file as Annexure AA-2.

5. That out of such 37 similarly placed cases, 01 more person filed Writ Petition bearing No. WP (C) No. 6984/2017 - Sushil Manocha Vs. APMC 85 Anr. Which was disposed of by the Honhle High Court vide its order dated 14.10.2019."

5. Perusal of the abovementioned affidavit shows that out of 37 persons, 14 persons approached this Court by filing writ petitions. Out of those 14 writ Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 7 of 17 Signing Date:11.05.2022 12:29:50 petitions, five were disposed of on 05.09.2019, eight were disposed of on 14.10.2019 and the remaining writ petition was also disposed of on the same day.

6. The affidavit shows that the cases of all 37 persons were considered by the Delhi Agricultural Marketing Board and disposed of by order dated 16.10.2020 and that copies of the orders were given to all 37 persons which includes five petitioners whose cases have been disposed of by order dated 05.09.2019.

7. Learned counsel for the petitioners states that the representations of the petitioners could not have been clubbed with the representations of 9 other persons whose cases were disposed of by order dated 14.10.2019 passed by this Court.

8. The respondent is directed to produce the files concerning the order dated 16.10.2020 to demonstrate that the case of the petitioners was placed before the Board on the said date before passing the order dated 16.10.2020.

9. List on 10.05.2022, in the supplementary list."

3. Today, Mrs. Avnish Ahlawat, learned Standing Counsel for the GNCTD, has produced the said file. Relevant portion of the same reads as under:

"Sub.: Judgment/Order 05.09.2019 (at 173/C) and Order dt. 14.10.2019 (at 182/C) of the Hon'ble High Court.

150. The matter has processed from page 23/N onwards. The legal opinion have been obtained which is reproduced as under:

Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 8 of 17 Signing Date:11.05.2022 12:29:50

"In the cased decided by the High Court has asked the department to consider the cases of the petitioners for allotment of shop in accordance with law. The Department has to consider the entitlement of the licensee and terms of conditions of allotment policy. The seniority of licensees also has to be kept in mind. Individual cases may be decided as per law, policy and entitlement. There is no direction that allotment has to be made. If a person is not entitled, the department can consider the case and reject the same."

151. The Board has formulated allotment policy for allotment of shops in Fruit & Vegetable Market, Shahdara (Gazipur) vide resolution no. 45/2010 dt. 06.07.2010 (at 201/C) and confirmation thereon vide resolution no. 65/2010 dt. 16.09.2010 (at 207/C). The eligibility criteria have been decided (at 195/C) and following criteria is as under:

I. The Commission agents who have been shifted temporarily in the year 2000 from Fruit & Vegetable Market, Shahdara (Makki Sarai) to Gazipur and the traders of Jheel Khurenja, Shakarpur Pushta and Khurejee who were also shifted in the year 2009 may be considered for allotment of shops at the newly developed Fruit & Vegetable Market, Gazipur.

II. The commission agent should be in continuous working for the last 05 years. He/she should have valid B category licence for the last 05 years in continuation and he / she should be an allottee of temporary space at Gazipur.

III. The commission agent should not have any Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 9 of 17 Signing Date:11.05.2022 12:29:50 break in the renewal of the licence of B category during the last 05 years.

152. The Board vide resolution no. 34/2000 dt. 24.05.2000 has also decided that no fresh licence shall be granted by the Marketing Committee from 24.05.2000 where new market have been developed and the existing commission agent / traders are proposed to be shifted at new locations.

153. However, these licences were granted by the Marketing Committee after approval from Board vide R/No. 35/2010 taken in compliance of orders of Hon'ble High Court of Delhi in the matter of M/s Om Parkash and others.

154. The Board vide R/No. 125/2013 constituted a Sub- Committee for allotment of shops in Fruit & Vegetable Market at FC Gazipur, APMC, Shahdara, please refer to page 223/C. The Sub-Committee vide its R/No. 2/2013 (at 227/C) and 6/2013 (at 232/C) resolved that this matter does not covered under R/No. 45/10 of DAMB or thereafter, therefore, dropped from the allotment eligibility.

155. The Board vide resolution no. 115/2015 dt. 23.11.2015 has decided to allot the vacant shops in APMCs through e-auction.

156. Keeping in view of the above, if agreed, we may return the file to Secretary, APMC Shahdara with suggestions as under:-

i. APMC Shahdara may request the Hon'ble Court for extension of period (i.e. more time than 08 weeks as deemed fit by the APMC) for consideration of the cases decided by the Hon'ble Court in view of Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 10 of 17 Signing Date:11.05.2022 12:29:50 M.C.C. ii. Each case has to be examined as per allotment policy and copy of the allotment policy i.e. agenda along with Board resolution is placed at 185/C to 207/C by APMC, Shahdara.

***** P/161. Reference observations of DAMB office on pre-page, it is submitted that the matter was taken up with concern advocate for seeking further extension of 8 161 weeks i.e. in all 24 weeks whereas 16 weeks time was already granted by the Hon'ble High Court. The Advocate advised that in similar other writ petitions, additional time of 10 weeks than original 8 weeks has also given by the court which shall be completed on 28/2/2020. The advocate also advised under such circumstances, the 3 extension of 8 weeks in these five petitioners may not be granted.

P/162. Further stated that this office has already the each case as allotment policy which details may be seen at 216-219/C in the file as asked by the Board office earlier (page 26-27/N). However, the captioned matter was considered in view of the noting dated 13.01.2020 and recommendations are as follow:-

1. The 37 licensees have been renewed from time to time and upto 2019-20. However, we are given our recommendations only case of 14 writ petitioners whose cases were to be decided within 8+8 weeks.

2. Through various resolutions, the Committee has already decided that as & when the shops are available, such licensees shall be allotted Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 11 of 17 Signing Date:11.05.2022 12:29:50 shops in Gazipur, Delhi. Since three more blocks are ready for possession, we should consider the 14 cases for allotment of shops.

3. The Hon'ble High Court vide the aforesaid order has set aside the impugned orders dated 16.02.2017 and 01.02.2017 vide which the petitioners were advised that they could not be allotted shops due to pendency of investigations. The Hon'ble High Court, therefore, directed that the allotment should be considered within the time granted.

4. In furtherance to the previous allotment policy of the Board pertaining to Gazipur, we recommend that applications (Page-187/C) for allotment of built up shops at Gazipur should be invited from 14 writ petitioners immediately and a draw of 14 shops should be conducted by the Board as per the past policy. After the draw the letter (Page-186/C) may be issued to the licensee on the terms & conditions of the allotment. The entire process from constitution of the Allotment Sub-Committee till acceptance of the Offer of allotment by the licensees may be completed as early possible because the time granted by the Hon'ble High Court has already completed.

5. As the allotment of shops has been done by the Board in the past, the matter is placed for its consideration and necessary action for allotment of shops or otherwise.

P/163. In view of above, file may be sent to Competent Authority, DAMB i.e. 163 VC, DAMB for allotment of shops or otherwise including the procedure and price of the shops to avoid the contempt Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 12 of 17 Signing Date:11.05.2022 12:29:50 of Hon'ble High Court.

***** P/165. Reference note of the Secretary, F&V Market, Gazipur at prepage. In this regard it is submitted that the matter was already examined by this office and some information was desired from the APMC, Shahdara, please refer to page 32/N to 33/N. P/166. The APMC, Shahdara does not examined their proposal in view of para 151 at 32/N. P/167. Further as per the Hon'ble High Court order dated 14.10.2019 at 181/C, the Court has directed to consider the representation, of the petitioners recording the reconstitution of the firm of the petitioners as also for allotment of shop to the petitioners in accordance with law. Such decision be communicated to the petitioners within eight weeks.

P/168. The present petition be considered as representation to the respondents and be disposed off by the respondents by way of a speaking order within eight weeks from today.

P/169. The matter was forwarded to Legal Consultant of this Department for their opinion in the matter, she opined as under:-

"In the cases decided by the High Court, Court has asked the department to consider the cases of the petitioners for allotment of shop in accordance with Law. The Department has to consider the entitlement of the licencee and terms and condition of allotment policy. The seniority of licencees also has to be kept in mind. Individual cases may be decided as per law, policy and entitlement. There is no Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 13 of 17 Signing Date:11.05.2022 12:29:50 direction that allotment has to be made. If a person is not entitled the department can consider the case and reject the same." Please refer to page 25/N. P/170. The existing eligibility criteria of allotment policy for allotment of shops in F&V Market Gazipur and the position of licensees are as under:-

S. Eligibility Criteria Position of licenses No. "The Commission Agents who As per the report of have been shifted temporarily in F&V, Market the year 2000 from Fruit & Gazipur, the licence Vegetable Market Shahdara were granted to 36 (Makki Sarai) to Gazipur and the firms on and after traders of Jheel Khurenja, October, 2010 after

1. Shakarpur Pusta and Khurejee Court Order.

who were also shifted in the year Hence, They were 2009 may be considered for not shifted in F&V allotment of shops at the newly Market Gazipur developed Fruit & Vegetable before 2009. Market, Gazipur" please refer to point No. 1 at 195/C. "The Commission agent should be As per information in continuous working for the last available, 5 years. He/she should a have a temporary allotment valid B category licence for the was not made to

2. last 5 years in continuation and these 37 licencees. he/she should be an allottee of temporary space at Gazipur", please refer to point No. 2 at 195/C. "The commission agent should The firm M/s not have any break in the renewal Sunder Lal Jain (B-

3. of the licence of B category 2330) was break in during the last 5 years", please renewal w.e.f. 2016 refer to point No. 3 at 195/C. to. 2018. However, Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 14 of 17 Signing Date:11.05.2022 12:29:50 treated as fresh licence was granted to him by the Marketing Committed in 2017- 18. M/s Mehruddin & Sons (B-2305) not reneved w.e.f. 2015- 16 M/s Abdul Salam Ikramuddin (B-

2303) also not renewed.

P/171. As per the above mentioned terms and conditions of eligibility criteria for allotment of shop in F&V Market Gazipur these 37 licensees are not fulfilling the existing eligibility criteria.

P/172. The Marketing Committee of F&V Market Gazipur vide their Resolution No. 71/2019 decided to forward the matter to DAMB office for further decision in the matter as the matter of allotment of shops pertains to DAMB office, please refer to page 212/C. P/173. However, the Board vide R/No. 115/2015 framed the policy for allotment of shops through e- auction, therefore, these cases may also be examined as per e-auction policy framed by the Board vide R/No. 115/2015, by the Secretary, F&V Market, Gazipur.

Submitted please.

P/174. Please refer to note at prepage, it is submitted as under:-

Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 15 of 17 Signing Date:11.05.2022 12:29:50

i. As per the order dated 14.10.2019 passed by the Hon'ble High Court of Delhi, there is no direction that allotment has to be made. Legal Consultant of this Department also vetted the decision of the Hon'ble High Court, at page 25/N. ii. These firms are not fulfilling the eligibility criteria of allotment of shops in F&V Market Gazipur of Board vide Resolution No. 45/2010 at 201/C & 192-197/C. iii. The Board vide Resolution No. 115/2015 framed the policy of allotment of shops through e- auction, minimum price may be on the basis of circle rate i.e. approximately 2.5 crore for each shop.

In view of the above it is proposed that we may placed the matter before the Board/the Competent Authority in the matter for their further decision in the matter please."

4. A perusal of the file shows that the case of the Petitioners was considered by the Respondents before passing the order dated 16.10.2020, rejecting the case of the Petitioners herein.

5. In view of the above, no contempt is made out against the Respondents.

6. Needless to state that if the Petitioners are aggrieved by order dated 16.10.2020 on the ground that the case of the Petitioners is different from those petitioners whose case was decided on 14.10.2019 in. W.P.(C) No. 10029/2019 and other connected matters, it is always open to the Petitioners to file fresh writ petitions assailing the said order.

7. With these observations, the contempt petitions are disposed of along Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 16 of 17 Signing Date:11.05.2022 12:29:50 with the pending application(s), if any.

SUBRAMONIUM PRASAD, J MAY 10, 2022 Rahul Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 171/2020 & Ors. Page 17 of 17 Signing Date:11.05.2022 12:29:50

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