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1990 Supreme(Online)(All) 3

ALLAHABAD HIGH COURT
N.D. Ojha, J
Krishi Utpadan Mandi Samiti Bareilly v. VIth Additional District Judge Bareilly and Others


1. Petitioner, Krishi Utpadan Mandi Samiti, Bareilly has preferred this writ petition under Art.226 of the Constitution of India for issuing a writ of certiorari for quashing the orders dated 4-7-87 and 14-8-87 passed by the respondents nos.1 and 2 respectively.

2. The facts, in detail, are that respondents 3 to 10 filed a civil suit No.293 of 87 in the Court of respondent No.1 for an injunction restraining the petitioner from suspending or cancelling the licence or refusing to renew their licence in pursuance of the order dated 24-4-87 and for the realisation of the market fee as demanded by the petitioner w.e.f. 1-4-80 to 30th June, 84 :
An application under O.39, Rr.1 and 2 of the Civil P.C. was also filed.
In the affidavit filed in support of this application, it was alleged that respondents held valid licences issued by the petitioner under S.9 of the U. P. Krishi Utpadan Mandi Samiti Adhiniyam, 1964 (hereinafter referred to as the Adhiniyam) and in pursuance thereof, are entitled to carry on the wholesale business in Dal within the area of the Mandi Samiti. It was also contended in the affidavit that the respondents are entitled to realise market fee from the purchaser on the sa









































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