NAVID QURESHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellant has preferred the present special appeal to assail the order dtd. 20/7/2022 passed in WPMS No.2073 of 2016 by the learned Single Judge. By the impugned judgment, the writ-petition preferred by the appellant has been dismissed by the learned Single Judge.

(2.) The relief sought in the petition (impugned judgment) were as follows:-

(3.) The case of the appellant is that the appellant was running a mutton shop since the year 2006 in a rented accommodation in Village Hina Gao, after obtaining license from the Zila Panchayat. He ran the said shop till the year 2015 at the rented premises. Whereafter, he shifted the shop in his own shop to carry out his business of butchering and selling mutton. On 27/2/2016, the Zila Panchayat, Uttarakashi issued a notice to the appellant to shift his mutton shop within seven days to another place as his shop is situated at a distance of 105 metres upon the bank of river Ganga on the ground that the same was violative of the existing by-laws. As per the by-laws, operation of mutton /chicken shop within 500 metres from the bank of river Ganga is prohibited.