Himachal Pradesh High Court
WRIT PETITION 1747 of 2010 on 29 December 2011
1
IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA.
CWP No. 1747 of 2010-B alongwith CWP Nos. 1748 of 2010-B & 1751 of 2010-C
Decided on: 29.12.2011
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1. CWP No. 1747 of 2010-B.
Krishan Chand Chandel, S/o late Shri Jai Kishan, R/o Kumar Building, Engine Ghar Sanjauly, Shimla-6 and also Shop No. 10, New Block-B, Market Complex, Dhalli, Shimla-12.
....Petitioner
Versus
1. State of H.P. through Secretary (Agriculture) to the Government of Himachal Pradesh, Shimla-2Government of Himachal Pradesh, Shimla-2
2. Agriculture Produce Market Committee, Shimla & Kinnaur, Dhalli, Shimla-12 through its Secretary, Regulated Market Complex, Dhalli, Shimla-12.Dhalli, Shimla-12 through its Secretary, Regulated Market Complex, Dhalli, Shimla-12.
2. CWP No. 1748 of 2010-B
Meera Verma, W/o Satish Verma, R/o Village & Post Office Dhanawali, Tehsil Kumarsain, District Shimla, H.P. and also Shop No. 9, New Block-B, Market Complex Dhalli, Shimla-12.
....Petitioner
Versus
1. State of H.P. through Secretary (Agriculture) to the Government of Himachal Pradesh, Shimla-2Government of Himachal Pradesh, Shimla-2
2. Agriculture Produce Market Committee, Shimla & Kinnaur, Dhalli, Shimla-12 through its Secretary, Regulated Market Complex, Dhalli, Shimla-12.Dhalli, Shimla-12 through its Secretary, Regulated Market Complex, Dhalli, Shimla-12.
3. CWP No. 1751 of 2010-B
Janardhan Makhaik, S/o Sh. Shyam Sukh, R/o Village Shathla, Post Office Virgarh, Tehsil Kumarsain, District Shimla and also Shimla Fruit Agency, Shop No. 6, MRF Building Market Complex Dhalli, Shimla-12.
....Petitioner
Versus
1. State of H.P. through Secretary (Agriculture) to the Government of Himachal Pradesh, Shimla-2Government of Himachal Pradesh, Shimla-2
2. Agriculture Produce Market Committee, Shimla & Kinnaur, Dhalli, Shimla-12 through its Secretary, Regulated Market Complex, Dhalli, Shimla-12.Dhalli, Shimla-12 through its Secretary, Regulated Market Complex, Dhalli, Shimla-12.
Civil Writ Petitions under Article 226 of the Constitution of India.
Coram
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice.The Hon’ble Mr. Justice Dev Darshan Sud, Judge.
Mr. S.C. Sharma, Advocate, for respondent No. 2.
Justice Kurian Joseph, C.J. (Oral)
The petitioners approached this Court with certain grievances regarding non-renewal of their licences. Apparently, the licences were not renewed, since the allotment had been cancelled. The petitioners have pursued the remedy under the Agreement for Arbitration. We are informed that the District Court has granted an interim order staying dispossession of the petitioners. In such circumstances, the petitioners pray for an opportunity to approach either the District Court or the Arbitrator or the second respondent itself for appropriate further relief regarding the licence(s). Therefore, leaving all options to the petitioners and also leaving all the contentions open, these writ petitions are disposed of with liberty to the petitioners to seek appropriate relief either before the District Court or the Arbitrator or the second respondent.
2. Pending applications, if any, also stand disposed of.
(Justice Kurian Joseph),Chief Justice.
December 29, 2011( ms/hl)
(Justice Dev Dasrshan Sud), Judge.