Madhya Pradesh High Court
M/S Poonam Chand Hiralal Lalwani vs The State Of M.P. And Ors on 4 July, 2012
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W.P. No.6520/2005
M/s Poonam Chand Hiralal Lalwani vs. State of M.P. & Ors.
04.07.2012
Shri Sameer Seth learned counsel for the
petitioner.
Smt. D. K. Bohrey learned Panel Lawyer, for the
respondent/State.
Shri Rakesh Jain learned counsel for respondent no.2.
Shri Sanjay Sarwate learned counsel for respondent no.3.
With the consent of the learned counsel for the parties the matter is heard finally.
The petitioner has filed this petition being aggrieved by order dated 25.4.1988 which has been affirmed in appeal by the appellate authority on 20.10.2004 and 28.12.2004 whereby the petitioner's licence to do business of Food Grains has been cancelled.
It is informed by the learned counsel for respondent no.2 that the petition has been rendered infructuous with the afflux of time on account of the fact that the Krishni Upaj Mandi has now been shifted elsewhere and, therefore, the petitioner in any case cannot be granted licence at the place from where the Mandi has been shifted.
2 W.P. No.6520/2005M/s Poonam Chand Hiralal Lalwani vs. State of M.P. & Ors.
In the circumstances, as agreed by the learned counsel for the parties and without entering into the merits of the case, the petition filed by the petitioner is disposed of with an observation to the effect that the petitioner may apply for allotment of licence and lease for the godown and shed at the relocated place of the Mandi in accordance with law with a further stipulation that his application shall not be dismissed only on the ground that his previous licence in the old location of the Mandi had been cancelled by the impugned orders and it shall be considered in accordance with the new rules.
The petition is, accordingly, disposed of in terms aforesaid as agreed to by the learned counsel for the petitioner and the respondents.
C.C as per rules.
( R. S. JHA ) JUDGE mms/-