Civil Writ Petition No.5261 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5261 of 2010 Date of Decision:20.05.2011 Anaj Mandi Union(Regd.) Punjab ......Petitioner Versus State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.V.K.Sandhir, Advocate, for the petitioner. Mr.B.S.Sudan, Advocate, for Dr.Puneet Kaur Sekhon, Advocate, for the respondents. **** M EHINDER S INGH S ULLAR , J.(oral) Petitioner-Anaj Mandi Union, Punjab(for brevity “the petitioner- Union”) has preferred the present writ petition for quashing the impugned auction notice dated 11.03.2010(Annexure P/1), vide which, respondent No.2 has decided to auction the straw/husk of grain remnants, belonging to the farmers. At the very outset, learned counsel for the petitioner has placed on record a copy of the order dated 05.10.2010 of the First Division Bench of this Court, passed in Civil Writ Petition No.2959 of 2010 titled as Nachhatar Singh and others Versus Punjab Mandi Board and others, by virtue of which, the same matter was decided on the pleadings of the respondents, as in the instant case. Learned counsel for the parties are ad idem that the controversy involved in the instant writ petition is squarely covered and deserves to be disposed of in the same terms of the order dated 05.10.2010 passed by a Division Bench of this Court in Nachhatar Singh and others's case(supra), the operative Civil Writ Petition No.5261 of 2010 2 part of which is, as under:- “Upon notice, respondent Nos.1 to 3 filed an affidavit. Para No.14 of the affidavit reads as follow:- “That the farmers have every right over the 'Chhan/Phoos' that consists of broken/small size grain and other waste/foreign matter, separated from his produce by the cleaning. A farmer, who has every right over the 'Chann/Phoos' separated from his produce, may choose to take it back or sell it to anyone in its entirely. However, if a farmer chooses to collect only the broken/small size grain and leave the waste/foreign matter that is of no use to him, then the contractor has a right to collect/dispose of the same by any means necessary so that the market remains clean and space is available for keeping the newly arrived produce. Further, it is relevant to mention here that in the terms and conditions of auction for giving the contract for year 2010-2011, which were signed by all the bidders present at the time of auction, it was made clear that a farmer has every right over the 'Chhan/Phoos' separated from his agricultural produce.” The statement made in para No.14 of the affidavit filed by respondents No.1 to 3 allays the fear of the petitioner and therefore no further grievance in the petition survives. Accordingly, the petition stands disposed of.” In this view of the matter and after hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, the instant writ petition is also disposed of in the same terms of the order dated 05.10.2010 as in Nachhatar Singh and others's case(supra). May 20, 2011 (MEHINDER SINGH SULLAR) seema JUDGE