201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 03.03.2025 AJINDER PAL SINGH .....Petitioner VERSUS STATE OF PUNJAB AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Saurabh Goel, Advocate with Ms. Samridhi Jain, Advocate, for the petitioner.

Mr. Sahil R. Bakshi, AAG, Punjab.

Mr. S.P.Garg, Advocate, for respondents no.2 and 3.

KULDEEP TIWARI , J.(Oral)

1. Through the instant writ petition filed under Article 226/227 of the Constitution of India, the petitioner has raised two fold grievances, the first one that despite the notification issued to carry out the business of sale and purchase of agricultural produce from old Sabzi Mandi, Ludhiana to new Sabzi Mandi, Ludhiana, some of the licensees are still allowed to carry out their business in old Sabzi Mandi; the second one that, in new market yard/new Sabzi Mandi, there is an ample encroachment which is causing impediment for the petitioner to smoothly run his wholesale business of sale and purchase of agricultural produce.

2. This Court had passed the following direction, vide order dated 15.01.2025:-

“Through the instant writ petition filed under Article

226/227 of the Constitution of India, a prayer is made for issuance of a mandamus upon respondents to cancel the licences, as issued to the various people, under the Punjab Agricultural Produce Market Act, 1961, for carrying out the business of sale and purchase of agricultural produce at old Sabzi Mandi, Ludhiana, which has already been de-notified vide notification dated 01.01.2010 (Annexure P-1), and furthermore, a new market yard has already been notified with the same notification.

Learned counsel for the respondents no.2 and 3, informs this Court that no new licence has been issued to any person, for carrying out any business of sale and purchase of agricultural produce in the old Sabzi Mandi. Even the licences, as granted to the people working in the old Sabzi Mandi, has now been renewed, only to the effect to carry out their business in the new market yard, i.e. Karabar.

He further informs this Court that today no business of sale and purchase of any agricultural produce, is being carried out in the old Sabzi Mandi, Ludhiana, though the owners, to whom the properties have been sold, may be occupying the same, but no business is being carried out at the said place.

The aforesaid assertion made by learned counsel for respondents no.2 and 3, is disputed by learned counsel for the petitioner.

In order to ascertain the reality, the Deputy Commissioner, Ludhiana, is directed to carry out a physical inspection, and to file his report in this regard, positively, within 15 days from today.

Adjourned to 24.02.2025.”

3. Thereafter, in deference to direction issued by this Court, a compliance report dated 30.01.2025, by way of an affidavit of Sh.Jitendra Jorwal, Deputy Commissioner, Ludhiana, has been filed. As per the report no person, who is a licence holder is allowed to carry out his business from the old Sabzi Mandi. The relevant extract of the compliance report (supra), is extracted hereinafter:-

“3. That the office of Sub Divisional Magistrate, Ludhiana (West) has submitted his Inspection Report dated 22/01/2025 in this office, which is reproduced as under:-

"Inspection Report (Date 22.01.2025).

In compliance of the order dated 15.01.2025 passed by Hon'ble Punjab & Haryana High Court, Chandigarh in Civil Writ Petition No.21171/2015 titled "Ajinderpal Singh Vs. State of Punjab and others" and in compliance of Letter No.1931/M.A. dated 21.01.2025 of the Deputy Commissioner, Ludhiana, on dated 22.01.2025 the spot of Old Sabji Mandi, Salem Tabri, Ludhiana was inspected by the following officials, on which time the following officials came present:-

1. Sub Divisional Magistrate, Ludhiana (West)

2. Tehsildar, Ludhiana (West)

3. Distrit Mandi Officer, Ludhiana.

4. Secretary, Market Committee, Ludhiana.

The above mentioned constituted team, inspected the spot and it was found that at the s