NAFIS AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) The appellants are in appeal, by special leave, against the judgment and order dated December 12, 2007 passed by the Allahabad High Court whereby the Division Bench of that Court quashed the licence issued to them by respondent no. 2 Zila Panchayat, Muzaffarnagar for holding private cattle market in Village Gujjarpur Taparana at Khasra No. 2478 on Tuesdays for the period October 23, 2007 till March 31, 2008 and any subsequent order for the above purpose and directed the Zila Panchayat, Muzaffarnagar to hear the present respondent nos. 3 and 4 and the present appellants and decide the matter afresh.

(2.) The respondent nos. 3 and 4 are the owners of Khasra No. 637 situate in village Kheri Karamu Pargana, Tehsil Shamli, Distt. Muzaffarnagar. They were granted licence by the Zila Panchayat, Muzaffarnagar to hold private cattle market at the above place on Tuesdays on payment of fixed fee. The licence issued to respondent nos. 3 and 4 has been renewed year after year. For the period 2007- 2008, the licence given to these respondents was renewed from April 1, 2007 to March 31, 2008.

(3.) The appellants are owners of Khasra No. 2478 situate in Village Gujjarpur Taparana, Tehsil Shamali, Distt. Muzaffarnagar. On their application, they were given licence by the Zila Panchayat, Muzaffarnagar to hold private cattle market in their land on every Monday. The appellants wanted to hold the private cattle market on Tuesdays instead of Mondays. As their request was not acceded to, they filed a writ petition before the Allahabad High Court for a direction to Zila Panchayat Muzaffarnagar to modify the licence and permit them to hold the private cattle market on Tuesdays. The High Court vide its order dated August 18, 2006 directed the appellants to make representation to the competent authority and the competent authority was directed to consider such representation in accordance with law.