HAZARA SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Appellant is the writ petitioner. He filed the writ petition challenging the order dated 06.04.2017 passed by the respondent no. 3, whereby the permission was granted to the respondent no. 5 for holding the Haat Bazaar on Saturday on the private land of the appellant situated in Village Itawwa, Tehsil Bazpur, District Udham Singh Nagar.

(2.) According to the appellant, he was having a license from the Zila Panchayat, Udham Singh Nagar for running Haat Bazaar in the said village; but, by the order dated 06.04.2017, permission has been granted to the respondent no. 5 for holding the Haat Bazaar on Saturday on the private land of the appellant situated in Village Itawwa, Tehsil Bazpur, District Udham Singh Nagar. The said order was challenged by the appellant in the writ petition.

(3.) Counter affidavit on behalf of respondent nos. 3 & 4 was filed in the writ petition. In the said counter affidavit, it is stated that, vide letter dated 22.04.2016, the petitioner was granted license for the financial year 2016-2017 for running Haat Bazaar at Village Itawwa, P.O. Banna Kheda, Tehsil Bazpur, District Udham Singh Nagar on his private land. For the financial year 2017-2018, petitioner as well as respondent no. 5 applied for grant of license for running Haat Bazaar at Village Itawwa on Saturday. As the petitioner as well as respondent no. 5 cannot be granted license for running Haat Bazaar on same place and on the same day, the Upper Mukhiya Adhikari, Zila Panchayat, District Udham Singh Nagar directed for inquiry in this regard. Report was submitted. In the report, it is stated that two persons cannot run Haat Bazaar at Itawwa on Saturday and, for the public convenience, it would be proper that the Haat Bazaar at Itawwa can be allotted/run by one person on Saturday and by another person on any other day. Thereafter, the respondent no. 4 granted permission for running Haat Bazaar at Village Itawwa on Saturday in favour of respondent no. 5.