Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 124609 (ALL)

M/S LATA RESTAURANT AND BAKERS THRU. ITS PARTNER PUSHP LATA DEVI v. DIRECTOR MANDI PARISHAD / MANDI SAMITI, RAJYA KRISHI UTPADAN MANDI PARISHAD LKO. AND 3 OTHERS

WRIC/1682/2025 · 2025-02-17

Om Prakash Shukla, Rajan Roy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:10192-DB Court No. - 2 Case :- WRIT - C No. - 1682 of 2025 Petitioner :- M/S Lata Restaurant And Bakers Thru. Its Partner Pushp Lata Devi Respondent :- Director Mandi Parishad / Mandi Samiti, Rajya Krishi Utpadan Mandi Parishad Lko. And 3 Others Counsel for Petitioner :- Mahendra Pratap Singh Counsel for Respondent :- Naresh Chandra Mehrotra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Sri Surendra Singh, Advocate has filed his Vakalatnama on behalf of opposite party nos.1 to 4 which is taken on record. 2. Heard. 3. A Dhaba was allotted to the petitioner wayback in 27.02.2023. One of the conditions of allotment was any encroachment on the said land/ Dhaba would be removed with the assistance of Mandi Samiti. According to the petitioner, this was not complied and the encroachment continues. However, learned counsel for Mandi Samiti says that being the highest bidder, the Dhaba was settled in favour of the petitioner and he deposited fifty percent of the due amount at that time but since June, 2023, he has not deposited the quarterly rent. 4. We are now in 2025. This is not a matter to be proceeded any further under Article 226 of the Constitution of India especially as the dispute arises out of a contract between the parties and the petitioner has approached this Court in 2025 that too when liberty was granted wayback on 15.06.2023 in the earlier writ petition filed by him for a filing a fresh petition. 5. Accordingly, the petition is dismissed with liberty to pursue remedy other than under Article 226 of the Constitution of India. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 17.2.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench