SHYAM LAL Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed questioning the correctness of the order passed by the Deputy District Magistrate/Chairman of Krishi Utpadan Mandi Samiti, Sirsa, Allahabad dated 23.1.2014, whereby a direction has been issued not to hold the local bazar on Monday and Friday near the petrol pump of Meja Road and on Wednesday, Saturday and Sunday on Mirzapur Road and on Tuesday and Thursday on Tehsil Road in the local limits of Sirsa.

(2.) The petitioner is owner of plot no.2185 area 17 biswas (a little more than half an acre). A local vegetable biweekly market is held on every Monday and Friday over the said land of the petitioner which is his bhumidhari land, the highest class of tenancy under the U.P.Z.A. & L.R. Act, 1950. This place, according to the petitioner, is at a distance of 4 kms. away from the new market yard at Sirsa on Meja Road. For holding the said biweekly local market of vegetables and fruits the petitioner has been granted a licence by the Zila Panchayat under the Uttar Pradesh Zila Panchayat Rules which is governed by its own bye-laws duly notified by the State Government. There is no dispute that the petitioner was in possession of a valid licence from the Zila Panchayat on the date of the passing of the impugned order.

(3.) On the petition being filed, a counter affidavit has been filed on behalf of the respondent-Mandi Samiti to which a rejoinder affidavit has been filed by the petitioner. A compilation of written arguments has also been filed by Sri B.D. Badhyan, learned senior counsel for the Mandi Samiti bringing on record certain judgments of the Apex Court and this Court to substantiate his submissions.