C.W.P NO. 7349 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 7349 OF 2009 DECIDED ON : 15.05.2009 M/S Vishkarma Kalgidhar Mills and others ...Petitioners versus State of Punjab and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. J. S. Laali, Advocate, for the petitioners. SURYA KANT, J. (ORAL) Notice of motion to respondents No.1 to 7 only, at this stage. Mr. G. S. Attariwala, Additional Advocate General, Punjab, accepts notice on their behalf. In view of nature of order which I propose to pass, there is no necessity to issue any notice to respondents No.8 to 10 nor any counter-affidavit from the official respondents is required. The petitioners are stated to be running cold stores at different places in District Moga, whereas petitioners No.15 to 19 C.W.P NO. 7349 OF 2009 -2- are the landlords. It is averred that their cold stores are used for the storage of perishable items like potatoes and since most of them own huge land-holdings, they sow potato crop in order to sell the same directly in the markets outside the State of Punjab. For that purpose, the petitioners hire trucks from various transport agencies. The petitioners allege that respondents No.8 to 10 are the truck and canter unions at Moga and their office bearers are not permitting the petitioners to hire the trucks from outside for transportation of their potatoes etc. The petitioners further allege that the office bearers of the truck/canter unions have threatened them with dire consequences, in case the petitioners do not hire the trucks from their union. On this premise, the petitioners allege that there is an eminent threat to their lives, liberty and properties. Having heard learned counsel for the petitioners and learned State counsel at some length, I am of the considered view that the allegations made by the petitioners need to be taken cognizance by respondents No.2 to 7 so as to ensure that the petitioners' right to carry on their business as guaranteed under Article 19 (1) (g) of the Constitution is not hampered with by anyone, including the respondents-truck/canter unions. The writ petition is accordingly disposed of, however, without expressing any views on the petitioners' allegations at this stage, with a direction to respondents No.2 to 7 to take C.W.P NO. 7349 OF 2009 -3- cognizance of the representation dated 25.03.2009 stated to be submitted on behalf of the petitioners and take appropriate action, as may be required in law, forthwith. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MAY 15, 2009 (SURYA KANT) shalini JUDGE