M/S Bir Singh Fruit/Vegetable vs State Of H.P. And Others

Jyotsna Rewal Dua, J

This writ petition has been filed for grant of following substantive reliefs:-

"a. To set- aside the Annexure P-3 i.e., approval accorded by the respondent No.2 sub clause 2 of clause 62 of the Bye laws of 2007 and the allotment of 68 shops in SMY- Bandrol pursuant to the resolution passed on dated 20.02.2024 by the Allotment Sub-Committee APMC, Kully wherein the criteria of 5 years market fees was adopted for the allotment of new 68 shops, being ultra vires of the Bye-laws and Policy-2021 and inconsistent with the article(s0 14 and 19(1)(a) & (g) of the Constitution of India.

b. Issue a writ of mandamus or any other appropriate writ, order, or direction to the respondents to cancel the allotment of the 68 shops in the sub-market yard Bandrol and conduct a fresh allotment process within a stipulated time frame as deemed fit by this Hon'ble Court.

c. Direct the respondents to enforce proper management at Bandrol and reallot the space in the 2000 sq. meters open market shed with due process which shall include detailed documentation depicting and recording the possession of commissions agents/ traders etc. on per sq. meter basis and the rent to be charged thereupon after removal of unauthorized or double occupancy holders.

d. To call the entire records pertaining to the allotment of 68 subject matter shops constructed in the SMY Bandrol and record pertaining to the allotment of space in the adjacent market yard ad-measuring approx. of 2000 sq. meter and the rent charged thereupon.

e. To direct the respondents to adjust the petitioner in SMY Bandrol for the time being till the final adjudication of this matter on account of the advent of peak season."

During hearing of the case on 02.04.2026, keeping in view previous orders passed in the matter on 16.09.2024, 30.09.2024, 26.11.2024, 01.04.2025,

24.06.2025, 2.7.2025 and 2.9.2025 efforts were made to resolve the grievances of the petitioners. Pursuant to that when the matter was taken up on 13.05.2026, learned counsel appearing for respondents No. 2, 3 & 5 placed on record following instructions from the Secretary, Agricultural Produce Market Committee, Kullu & Lahoul Spiti, District Kullu:-

"Subject: Regarding CWP No.10089 of 2024-M/s Bir Singh Fruit/ Vegetable Commission Agent & Others vs. State of Himachal Praedesh & others.

Madam,

Kindly refer to the discussion held with you on 12.05.2026 regarding the subject cited above. In this regard, it is submitted that the petitioners in the aforementioned case, i.e. CWP No.10089 of 2024, have already been permitted to carry on their business from the premises of the Sub Market yard, Bandrol, in accordance to the judgment/order as passed by the Hon'ble High Court of Himachal Pradesh on 02.09.2025.

As far as the allotment of shops is concerned, the same shall be done strictly as per Section-29 of the Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005, read with Bye- Law-62 of the Himachal Pradesh Agricultural Produce Market Committees Bye-Laws, 2007, and the Allotment Policy, 2021 as and when the additional shops are constructed, subject to the availability of sufficient land/funds for their construction and where the petitioners may also participate in the defined allotment process under t he relevant/ applicable category.

This is submitted for your information and for placing the matter before the Hon'ble High Court for kind consideration."

Learned counsel for the petitioners during hearing of the case on 13.05.2026 raised an objection that in the aforesaid office instructions though the petitioners had been permitted to carry on their business from the premises of the Sub Market yard, Bandrol with the further observation made therein that as and when additional shops are constructed, the same shall be allowed as per Section 29 of the Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005 read with Bye-Law 62 of the Himachal Pradesh Agricultural Produce Market Committees Bye- Laws, 2007 and the Allotment Policy, 2021 and subject to the availability of sufficient land/funds for their construction and wherein the petitioners may also participate in the defined allotment process under the relevant/ applicable category, however, the period for which the petitioners had been presently permitted to carry on their business from their present premises of Sub Market yard, Bandrol has not been specified in the aforesaid office instructions. Therefore, in the morning session of today's hearing, learned counsel appearing for respondents No. 2, 3 & 5 was directed to have fresh instructions specific to the period of continuation of the petitioners from the aforesaid existing premises. Learned counsel for the respondents No. 2, 3 & 5 has now placed on record fresh instructions which read as under:-

"Subject: Regarding CWP No.10089 of 2024-M/s Bir Singh Fruit/ Vegetable Commission Agent & Others vs. State of Himachal Praedesh & others.

Madam,

In reference to the discussion held with you on 13.05.2026 and in continuation of this office letter No. APMC/3-24/2009-Vol-IV-80, dated 13.05.2026 on the subject cited above, it is submitted that no suitable Government land is presently available with the Agricultural Produce Market Committee (APMC) for the further expansion of Sub Market Yard, Bandrol. Further, no budgetary provision is available with the APMC for the said expansion.

Therefore, in view of the present circumstances, and considering that the petitioners in the aforementioned case have already been permitted to carry on their business from the premises of Sub Market Yard, Bandrol, in accordance to the judgment/order as passed by the Hon'ble High Court on 02.09.2025, the APMC has no objection to their continuing to operate their business from the said premises until additional infrastructure/ shops are constructed at Sub Market Yard, Bandrol, subject to the availability of suitable Government land and adequate funds with the APMC.

The allotment of the newly constructed shops/infrastructure shall be done strictly as per Section 29 of the Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005 read with Bye-Law 62 of the Himachal Pradesh Agricultural Produce Market Committees Bye- Laws, 2007 and the Allotment Policy, 2021 and subject to the availability of sufficient land/funds for their construction and where the petitioner may also participate in the defined allotment process under the relevant/ applicable category.

This is submitted for your information and for placing the matter before the Hon'ble High Court for kind consideration."

In terms of aforesaid extracted fresh instructions, the respondent- APMC has no objection for continuation of petitioners to operate their business from the aforesaid premises until additional infrastructure/ shops are constructed at Sub Market Yard, Bandrol subject to availability of suitable government land and adequate funds with the APMC.

Taking note of the aforesaid afresh office instructions dated 13.05.2026, the present writ petition to stand disposed of with directions to respondents No. 2, 3 & 5 to abide by their assurances extended in the above office instructions. Petitioners are at liberty to seek appropriate remedy for redressal of their surviving grievances, if any, in accordance with law at an appropriate stage. Pending miscellaneous application(s), if any, to also stand disposed of.