(1.) Heard Mr. S.K. Mandal, learned counsel for the appellant- fifth respondent, Mr. B.D. Kandpal, learned counsel for the respondent-writ petitioner, Mr. N.S. Pundir, learned Standing Counsel for the Zila Panchayat, Udham Singh Nagar and Mr. S.S. Chaudhary, learned Brief Holder for the State of Uttarakhand.
(2.) This intra-Court appeal is preferred against the order passed by the learned Single Judge in Writ Petition (M/S) No. 1754 of 2018 dated 07.01.2020. The respondent-writ petitioner filed Writ Petition (M/S) No. 1754 of 2018 seeking a writ of certiorari to quash the license dated 04.06.2018 granted in favour of the appellant herein; a writ or direction declaring the bye-laws dated 13.01.2018 as illegal and without authority of law; and for a writ of prohibition directing the respondents not to interfere with the respondent-writ petitioner running a Haat market, on Saturdays, on his private land in Ittawa Village, Bazpur Tehsil, Udham Singh Nagar district.
(3.) The appellant-fifth respondent was granted a license by the Zila Panchayat in terms of the bye-laws framed by it, among others, in the exercise of the powers conferred on it under Section 106(2) of the Uttarakhand Panchayati Raj Act, 2016 (for short the "2016 Act"). While the validity of the said bye-laws has, no doubt, been subjected to challenge in the Writ Petition, the learned Single Judge has not, in the order under appeal, suspended operation of the bye-laws. He has, however, relied on the earlier order passed in Writ Petition (M/S) No. 580 of 2017 whereby the rights to hold a Haat market was given to a Gram Sabha. After having noticed that the said order, in Writ Petition (M/S) No. 580 of 2017, had been stayed by a Division Bench in Special Appeal No. 539 of 2018, the learned Single Judge observed that the respondent-writ petitioner had challenged the functioning of the village fair at the hands of the private respondent, who had been granted license by the Zila Panchayat; and he was earlier running a Haat market. The learned Single Judge directed that the respondent-writ petitioner also be permitted to run a Haat market, on his private land, in accordance with law, for which he shall deposit the requisite fee with the concerned authority i.e. the Gram Panchayat. Aggrieved thereby, the present Special Appeal.