HAJI CHHIDDU Vs. COMMISSIONER

JUDGEMENT

(1.) Heard Shri Rakesh Kumar, learned counsel for the petitioner, Shri K.M.Garg, learned counsel for respondent no.4, Shri Krishna Mohan, learned counsel for respondent no.3, Zila Panchayat, Bijnor and learned Standing Counsel for respondent nos. 1 and 2.

(2.) Plot No.468 area 0.77 hectare and plot no.471 area 0.297 hectare jointly belong to Zahid Husain son of Sahid Hussain respondent no.4 and petitioner. Shahid Husain was real brother of the petitioner. Shri Sahid Hussain died on 8.12.2013 and his share in the plots in dispute was inherited by respondent no.4. Shahid Husian until his death was having licence to run cattle market over the plots in question granted to him by Zila Panchyat, Bijnor. After the death of Sahid Hussain lot of litigation is going on between the petitioner and his nephew respondent no.4 Zahid Hussain son of Sahid Hussain regarding the cattle market which is held on every Wednesday.

(3.) The licence was granted in the year 1964. According to the petitioner even though the licence was in the name of Shahid Hussain but he was sharing the profits with the petitioner and the licence was granted exclusively in the name of Shahid Hussain with the consent of the petitioner. After the death of Shahid Hussain dispute started between the petitioner and respondent no.4. Petitioner claimed that on 5.4.2002 Shahid Hussain had executed an agreement mentioning therein that petitioner would be entitled to get his name entered in the licence as co-licensee alongwith him. Respondent no.4 asserted that petitioner had agreed and had also filed some affidavit in that regard that the portion over which cattle market is held had come in private partition in the share of Shahid Hussain and respondent no.4 has covered that portion with boundary wall hence petitioner has got no right to object to holding of cattle market exclusively by respondent no.4. The case taken up by each party is seriously opposed and denied by the other party.