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1996 Supreme(SC) 314

B.N.KIRPAL, B.P.JEEVAN REDDY
Chint Ram Ram Chand: Parduman Chand Bhandari: Kartar Singh Gajinder Singh: Guru Nanak Fruit Company – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

Kirpal, J.-Leave granted.

2. The question which arises for consideration in these appeals is that when a market yard is shifted from one site to another whether the licensees working in the old market yard, are entitled to have new sites in the new market yard, as a matter of right by virtue of their being earlier in business or whether they have also to compete with the general public in open auction for acquiring land in the new market yard.

3. The aforesaid question of law is common in all the present appeals. Appeals arising out of Special Leave Petition (C) Nos. 10997 of 1995 and 11139 of 1995 pertain to the market in Jagraon, appeal arising out of Special Leave Petition (C) No. 9992 of 1995 relates to Ludhiana and the appeal arising out of Special Leave Petition (C) No. 24712 of 1995 is with regard to Fazilka. For the purpose of deciding the point in issue, it is sufficient to refer to the facts pertaining to Jagraon only, as the facts regarding Ludhiana and Fazilka are similar, barring minor details, which are not relevant.

4. Under the provision of Section 6 of the Punjab Agricultural Markets Act, 1961 (hereinafter referred to as the Act ), Jagraon was declared as a n












































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