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Judgment
In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ of in the nature of
certiorari for quashing the E-Tender Notice dated 8.3.2018 (Annexure P-7) inviting e-tenders for collecting users charges from Rehri and Phariwalas
through contractor over the marked area of the Fruit and Vegetable Market (Mandi), Ludhiana. Further, a writ of mandamus has been sought
directing the respondents to develop and allow the Pharhies to run at the specified places as earmarked for the purpose in the Mandi and charge the
user charges as per Annexure P-5.
The old mandi situated opposite Salem Tabri, Ludhiana over an area measuring 4 acres approximately was denotified vide notification dated
1.1.2010 and a new Fruit and Vegetable Market over an area measuring 53.80 acres was set up in village Bahadur-Ke near Delhi Jalandhar Bypass,
Ludhiana. Despite the old New Market having been carved out trading of fruits and vegetables kept continuing in the said old mandi, CWP-5998-2012
was filed. In the said writ petition, respondent No.2 made a statement that some of the traders/commission agents had already shifted to New Market
and some were in process of shifting and the entire process was to be completed on or before 31.3.2013. In view thereof, the said writ petition was
disposed of by this Court vide order dated 22.8.2012 (Annexure P-3) with a direction that no further time shall be granted to allow the trading of fruits
and vegetables from the de-notified Old Market after the date mentioned above. A detailed Layout Plan (Revised) of Fruit and Vegetable Market was
prepared by the Divisional Town Planner, Mandi Board, Punjab, Chandigarh on 9.2.2005 and an area measuring 2.31 acres approximately was
earmarked for Pharhi Market. The shifting process was completed well in time but the infrastructure as per the specification was still not in place as
the pharies were being places in the parking area a shown in yellow colour in the site plan (Annexure P-4). The earmarked area for Pharhi Market
was lying undeveloped and unused as the same was not being allotted to the Phariwalas despite the fact that the affidavits for allotment of individual
stalls were obtained from the individuals to be allotted on specified terms and charges as per the policy as also done in the other cities in Punjab as is
clear from the sample application (Annexure P-5) for allotment of stalls in Subzi Mandi, Jalandhar (Maqsoodan). In January, 2013, the respondents
issued a tender for the allotment of contract for collecting users charges from the Pharhies being allowed to run on the space earmarked for parking.
The said contract which was for the one year came to end in February, 2014. However, from 13.2014 to 8.8.2014, respondent No.3 collected users
charges from Pharhiwalas of its own and still the pharhies were make to operate from the area earmarked for parking. From 7.8.2014 to 6.6.2015,
again the tender was floated for collection of users charges from pharhiwals and the contract was allotted to a private contractor who started
collecting the user charges at much more higher rates without issuing proper receipts. The said fact was brought to the notice of respondent No.3 and
when no action was taken thereon, the phariwalas called for strike. Thereafter, the said matter was resolved and the strike was called off on the
assurance given by respondent No.2 that in future no tender for collection of user charges would be given to the private contractors that the the user
charges of Rs. 50/- per day (Rs. 1500/- pr month) only shall be charged. After some time, respondent No.3 had started collecting the users charges
from the Pharhies and Rehriwalas at the rate of Rs. 100/- per day (Rs. 3000/- per day) as is clear from the receipts (Annexure P-
6 Colly). However, respondent No.3 vide E-Tender Notice dated 8.3.2018 (Annexure P-7) invited the e-tenders for collecting users charges from
Rehri and Phariwalas through contractor over the marked area of the Fruit and Vegetable Market (Mandi), Ludhiana. Accordingly, the petitioner
made a representation dated 5.3.2018 (Annexure P-8) to respondent No.2 for not giving the pharies on contact, but no response has been received till
date. Hence, the present writ petition.
Learned counsel for the petitioner submitted that for the relief claimed in the writ petition, the petitioner has sent a representation dated 5.3.2018
(Annexure P-8) to respondent No.2, but no action has so far been taken thereon.
After hearing learned counsel for the petitioner, perusing the present petition and without expressing any opinion on the merits of the case, we
dispose of the present petition by directing respondent No.2 to take a decision on the representation dated 5.3.2018 (Annexure P-8), in accordance
with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a period of 15 days from the date of receipt
of the certified copy of the order.