IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CIVIL WRIT PETITION NO. 13824 OF 2009
DATE OF DECISION : September 04, 2009.
Parties Name
Shanti Devi and others
...PETITIONERS
VERSUS
Union of India and others
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Jagdish Manchanda,
Advocate, for the petitioners .
JASBIR SINGH, J. (oral)
ORDER:
This writ petition has been filed to lay challenge to an order
dated August 19, 2009 (P-1) , vide which opportunity was granted to
respondent No. 5, to move fresh application, to get Commission Agent’s
licence in Vegetable Market, Chandigarh.
It is contention of counsel for the petitioners that the licence
cannot be issued in the name of M/S Durga Fruit Traders, SCF 11, Grain
Market, Sector 26, Chandigarh, because in that Firm, the petitioners are the
majority share holders (65%). Counsel further states that the Firm has not
been dissolved and that the Firm is in possession of the site, mentioned
above. In view of above, respondent No. 5 cannot move any application for
getting licence in the name of the Firm.
Vide order Annexure P-1, only an opportunity was granted to
CIVIL WRIT PETITION NO. 13824 OF 2009 -2-
move fresh application for getting licence of a Commission Agent, as
mentioned above. No positive order has been passed in favour of
respondent No. 5, directing the authorities below to grant licence to him.
Application moved will be subject to hearing and legal requirements.
It is also apparent from the record that the petitioners have
already filed a representation stating that the licence be not renewed at the
instance of respondent No. 5 in name of the Firm, mentioned above. That
representation is still pending. Record reveals that the Firm, M/S Durga
Food Traders etc. filed a Civil Writ Petitions No. 8847 of 2009 and 9930 of
2009 with a prayer that the authorities be directed to issue licence to it as
directed vide order Annexure P-1. This Court directed the authorities to
decide application of respondent No. 5, for grant of commission agent’s
fresh licence by passing a speaking order. As on today, licence has not
been granted in favour of respondent No. 5. If that is so, the petitioners may
raise all objections, which they have raised in this writ petition, before the
competent officer, who shall pass final order for granting commission
agent’s licence to respondent No. 5, only after deciding objections, filed by
the petitioner. If licence has already been granted, the petitioners may avail
any other remedy, as per law. Writ petition stands disposed of accordingly.
Copy of this order be given Dasti to counsel for the petitioners
under signatures of the Reader.
( Jasbir Singh )
Judge
September 04, 2009.
DKC