CR No. 5898 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 5898 of 2007 Date of Decision: 26.8.2008 M/s Nav Bharat Fruit Company ..Petitioner Vs. Haryana State Agriculture Marketing Board and Ors. ..Respondents Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: Mr.Santosh Kumar, Advocate, for the petitioner. Mr.Anand Bishnoi, Advocate, for Mr.R.S.Madan, Advocate, for respondent No.2. Vinod K.Sharma,J. (Oral) This order shall dispose of CR Nos. 5898 of 2007 to 5901 of 2008, titled M/s Nav Bharat Fruit Company Vs. Haryana State Agriculture Marketing Board & Ors.; M/s Ram Fruit Company Vs. Haryana State Agriculture Marketing Board & Ors.; M/s Mahalaxmi Fruit Company Vs. Haryana State Agriculture Marketing Board & Ors. and M/s Jai Bharat Fruit Company Vs. Haryana State Agriculture Marketing Board & Ors., respectively, as common questions of law and fact are involved in all these CR No. 5898 of 2007 2 civil revisions. For facility facts are being taken from CR No.5898 of 2007. By way of this revision petition the petitioner has challenged the orders Annexure P.6 and P.7 passed by learned additional Civil Judge (Sr.Division), Hisar and learned Additional District Judge, Hisar whereby the application moved by the petitioners under order 39 Rules 1 and 2 of the Code of Civil Procedure (for short the Code) was ordered to be dismissed. The petitioners claim that they have been running business of commission agent of sale and purchase of vegetables at Shop No.3-B opposite New Sabji Mandi, Hisar after obtaining licence under section 10 of the Punjab Agricultural Produce Markets Act, 1961 (for short the Act) since the year 1999. Licence used to be renewed from time to time without any objection. It was the case of the petitioner that the application for grant of licence has been rejected on the ground that the shop is situated outside the notified sub market yard Hisar. The petitioner, thus, sought a relief of mandatory injunction directing the respondents to renew the licence of the shop of the plaintiff under section 10 of the Act. Along with the suit an application under Order 39 Rules 1 and 2 of the Code was also filed seeking restraint order against the defendant- respondents from taking any action against the plaintiff in their running business outside the sub market yard Hisar. It was also prayed that directions be issued to renew the licence under the Act. Learned Courts below dismissed the said application filed by the petitioner under Order 39 Rules 1 and 2 of the Code. CR No. 5898 of 2007 3 Notice of this revision petition was given to the respondents. An affidavit of Shri Subh Ram Vashista, HCS, Secretary, Haryana State Agricultural Marketing Board, Panchkula has been placed on record along with copy of order Annexure R.1, which reads as under:- “ M/s Ram Fruit Company, M/s Nav Bharat Fruit Company, M/s Jai Bharat Fruit Company, M/s Maha laxmi Fruit Company vide letter dated 31.10.2007 have requested this office for the renewal of their licences. Their request has been considered and it has been found that the order dated 25.5.2007of the Chief Administrator Board is quite legal and strictly as per provisions of the PAPM Act and Rules and therefore, their request for renewal of licence can not be considered. However, it has been noted that some other licences are working as commission agents at some other places and in such a situation, it is not appropriate to prohibit the applicants from conducting the business till some alternative arrangement is made. In view of the above it has been decided to grant provisional licences to the said firms subject to the condition that they will have to shift to the new subzi mandi, Hisar as and when it becomes functional or till a uniform policy is made in this regard, which ever is earlier” Keeping in view that the interim relief has been granted to the petitioners, these petitions have been rendered infructuous. They are disposed of accordingly. CR No. 5898 of 2007 4 However, learned trial court shall adjudicate the dispute raised in the suit on merit in accordance with law. (Vinod K.Sharma) 26.8.2008 Judge rp