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2025 DAILYLAW 94084 (PNJ)

MARKET COMMITTEE GOHANA v. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF HARYANA, AGRICULTURE AND FARMERS WELFARE DEPARTMENT AND

CWP/24910/2025 · 2025-08-29

Anupinder Singh Grewal, Deepak Manchanda

body2025

Judgment text

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CWP-24910-2025 -1- ---- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 105 CWP-24910-2025 Date of decision : 29.08.2025 Market Committee, Gohana ... Petitioner Versus Additional Chief Secretary to Government of Haryana, Agriculture and Farmers Welfare Department and others ... Respondents CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON'BLE MR. JUSTICE DEEPAK MANCHANDA Present:- Mr. Sharad Aggarwal, Advocate for the petitioner. Mr. Deepak Bhardwaj, Addl.A.G., Haryana. Mr. Gaurav Mohunta, Advocate for the ceveator/respondent No.2. *** Anupinder Singh Grewal, J. (Oral) The petitioner has challenged the orders dated 16.09.2024 & 28.05.2025 (Annexures P-4 & P-14 respectively) whereby the revision petition filed by respondent No.2 was allowed and the petitioner was inter-alia directed to open the new gate at New Grain Market, Gohana. 2. Learned counsel for the petitioner, inter alia, submits that an unauthorized gate has been ordered to be opened in the New Grain Market, Gohana while it already has three planned gates along with sufficient parking space. The opening of the unauthorized gate has been done to give access to the shopkeepers to their residences near the grain market. He has also referred to the site plan at Annexure P-2. SONIA GUGNANI 2025.08.29 16.31 I attest to the accuracy and integrity of this document Chandigarh CWP-24910-2025 -2- ---- 3. Issue notice to the respondents. 4. At the asking of the Court, Mr. Deepak Bhardwaj, Addl.A.G., Haryana, accepts notice on behalf of respondent No.1. 5. Mr. Gaurav Mohunta, Advocate accepts notice on behalf of respondent No.2 and submits that the gate is not unauthorized and rather is meant for easing the flow of traffic in the Grain Market. 6. After hearing learned counsel for the parties, we are of the considered view that the Chief Administrator, Haryana State Agricultural Marketing Board (hereinafter referred as ‘HSAMB’) ought to take a decision in the matter after seeking report from the concerned Town Planner. 7. At this stage, learned counsel for the parties submit that they have agreed to this order but they should also be afforded an opportunity of hearing by the Chief Administrator, HSAMB. 8. Consequently, the petition is disposed of with a direction to the Chief Administrator, HSAMB to take a decision on the suitability of opening the gate in accordance with law in consultation with the concerned Town Planner and after affording an opportunity of hearing to the petitioner as well as respondent No.2. Needful would be done within a period of 02 months from now. (ANUPINDER SINGH GREWAL) JUDGE (DEEPAK MANCHANDA) August 29, 2025 JUDGE sonia gugnani Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIA GUGNANI 2025.08.29 16.31 I attest to the accuracy and integrity of this document Chandigarh