CWP No.21263 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 21263 of 2008 Date of Decision: 24 - 10 – 2009 M/s Varinder Kumar Davinder Kumar ....Petitioners and another v. State of Haryana and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Vikas Goel, Advocate for the petitioners. Mr.Sunil Nehra, AAG, Haryana for respondent No.1. Mr.Namit Kumar, Advocate for respondents No.2 and 3. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner M/s Varinder Kumar Davinder Kumar, Commission Agents, New Grain Market, Shahbad Markanda, District Kurukshetra and Mohinder Kumar Aggarwal and Company, Pratap Mandi, Shahbad Markanda, District Kurukshetra admittedly are old licensees being commission agents of food grain in Pratap Mandi, Shahbad Markanda. They are holding their valid licenses since 1977/1979. To shift the Market Committee due to congestion or requirements of time, Government of Haryana decided to establish new Mandi. For rehabilitation of the CWP No.21263 of 2008 [2] Commission Agents doing business in the old market, a scheme was formulated which ensued into litigation which went upto Hon'ble Apex Court. On 27.11.1986, Hon'ble Apex Court gave directions and in pursuance of which, later, draw of lots was held. It is admitted case of the parties that in the draw of lots 45% shops were to be allotted to the old licensees who were carrying business in the old market. Draw of lots was held on 13.5.1995. Petitioners failed to succeed. Out of these two petitioners, petitioner No.2 filed a petition bearing Civil Writ Petition No.2797 of 1999 in this Court The writ petition was dismissed holding that it suffer from delay and laches and petitioner had approached this Court at a belated stage. The matter would have rested there but respondents – Market Committee, Shahbad Markanda and Haryana State Agriculture Marketing Board came with a proposal to establish vegetable market at Shahbad Markanda. As per policy, the allotment was only to be made to vegetable vendors. Petitioners claim that since all old licensees were not adjusted, therefore, they should be allotted shops in the vegetable market. Counsel appearing for respondents No.2 and 3 has categorically stated that as per policy, only vegetable vendors are entitled for allotment of plots in the market to be established called as Vegetable Market. Counsel appearing for the petitioners claim that as per direction 1(a) given by the Hon'ble Apex Court, food grains or vegetable dealers, both can participate. This contention of the counsel is misplaced, as direction 1(c) given by the Hon'ble Apex Court in 1986, state that so far as Shahbad Markanda is concerned, it will pertain only to food grain dealers. Therefore, taking into consideration the entire gamut of the matter, it can be safely concluded that old licensees like petitioners were only entitled to participate in draw of lots CWP No.21263 of 2008 [3] and quota of old licensees was 45%. Petitioners failed in draw of lots. Writ Petition No.2797 of 1999 challenging draw of lots, has been dismissed and petitioners who pray that they be considered for allotment of shops in Vegetable Market cannot be considered, the same being against the policy. Thus, there is no merit in the present petition and the same is dismissed. No costs. ( KANWALJIT SINGH AHLUWALIA ) October 24, 2009. JUDGE RC