THE CRITERION LAID DOWN BY THE RESPONDENTS FOR THE ALLOTMENT OF SHOPS TO COMMISSION AGENTS/WHOLE-SALE DEALERS IN THE NEWLY CONSTRUCTED MARKETS AT NAJAFGARH WAS VALID AND THE PETITIONER DID NOT SATISFY THE SAID CRITERION.

Lokeshwar Prasad, J.

( 1 ) THE petitioner has filed the present writ petition under Article 226 of the Constitution of India assailing the decision of the Delhi Agricultural Marketing Board denying the allotment of the shop to the petitioner in the grain market at Najafgarh. The case of the petitioner, briefly stated, is that the petitioner has been marketing and dealing in the business of agricultural produce since 1981 under a valid license from respondent No. 3 which has been renewed on year to year basis and is valid upto 31st March, 1995. It is alleged that in 1984 respondent No. I and 2 developed a general market in Najafgarh in which various plots Were developed to be allotted to the traders of a and b category whose average annual turn over of the notified commodities of the license during the period from 1. 4. 1980 to 31. 3. 1995 was not less than Rs. 50,000/.- Priority was to be given to those traders who were operating within the notified market yard in the Najafgarh town. In November, 1985 and January, 1985 respondent No. 3, with a view to allot shops/plots asked from the various licensees the applications in the form of affidavits showing that the licensee satisfied the above criteria entitling him for the allotment of the shop site. On 20. 1. 1986 alongwith other licensees, the petitioner also applied for allotment of shop/plot in the market developed by respondent No. 3.

( 2 ). It is further alleged that respondent No. 2 in the meantime developed one more site for marketing agriculture produce in the same locality by name" New Anaz Mandi, Najafgarh" and by means of a separate notification dated the 12th September, 1986 asked for applications from the licensees of Najafgarh market for being considered for the allotment of developed shop /plots in the New Anaj Mandi Market at Najafgarh. The petitioner, who satisfied all the conditions prescribed for such allotment by respondent No. 2, applied for being considered for the allotment of a plot for shop vide application dated 29. 9. 1996. The grievance of the petitioner is that the petitioner was not allotted plot for the shop either in the General Market at Najafgarh or in the" New Anaj Mandi Market Najafgarh" although the respondent issued a list of 88 persons some of whom were not fulfilling the above mentioned conditions. It is alleged that the petitioner appealed to respondent No. 3 about his illegal and unjustified exclusion from the allotment of plot but respondent No. 3 did not give any reply to the abovesaid appeal of the petitioner. It is alleged that the petitioner, though eligible as per the criterion laid down by the respondents, has not been allotted a plot for the shop and it has been prayed that this Court may issue a writ of mandamus restraining the respondents to proceed further and direct the respondents to allot a plot/shop in the Najafgarh market or in the markets being developed by the respondents.

( 3 ). In the counter filed on behalf of the respondents it is stated that in the year 1986 in the New Grain Market, Najafgarh, 99 plots/shops were developed for allotment to categories a and b license holders. In the meeting held on 21. 8. 1986, the "delhi Agricultural Produce Marketing Board" had taken a decision that the existing commission agents and the whole-sale dealers, working in the market yard of existing grain market at Najafgarh be considered for allotment of developed plots in the New Grain Market at Haibetpur, Najafgarh and that the average annual turn over of the allottees should be Rs. 50,000. 00 or more during the period from 1980- 81 to 1985. It is further contended that a list of 105 commission agents and whole sale dealers functioning in the market at Najafgarh was prepared on the basis of average annual turn over and they were placed either in A or in B category. Before finalizing the above said list and putting the same in the draw of lots the Deputy Secretary ( Eandm) had personally visited the shops of every A and

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