KISAN PAINTH BANAT Vs. ZILA PARISHAD, MUZAFFARNAGAR

JUDGEMENT

(1.) Kisan Painth, Banat district Muzaffarnagar is a registered partnership firm. One Saghir Hasan filed this writ petition under Art. 226 of the Constitution in the name of the firm as its partner contending that for long the firm has held cattle market on the plots specified in the petition. This was done in Wednesday and Thursday every week. The plots narrated are Comprised in three respective khatas as under :

(2.) On July 28, 1983, Saghir Hasan purporting to act for and on behalf of the firm applied to the Zila Parishad, Muzalfarnagar. for grant of licence to h dd cattle marked on Wednesdays and Thursdays as mentioned above. He expressed willingness to deposit the licence fee as required under the Bye-laws framed on June 8, 1966. The Zila Parishad declined grant of licence to the petitioner as prayed under the order dated Jan. 9, 1984, the appeal directed against this order was dismissed by the Adhyaksha, Zila Parishad on Feb. 2., 1984.

(3.) Aggrieved, the petitioner has approached this Court seeking writ of certiorari to quash the orders dated Jan. 9, 1984 and Feb. 22, 1984, and also mandamus directing the Zila Parishad to grant licence for holding cattle market on aforementioned plots in village Banat on Wednesdays and Thursdays subject to licence fee being deposited. The petition was admitted at the preliminary hearing on Aug. 24, 1981 and interim order was passed on April 19, 1985, to the effect that subject to the conditions requisite being Satisfied including the deposit of the licence fee as required under the Bye-laws the petitioner may hold cattle market on Wednesday and Thursday every week. Special Leave petition directed against this order was dismissed by the Supreme Court on Oct. 3, 1985. It was observed that the Zila Parishad may, if so advised, sock modification of the aforementioned interim order.