RAJ KUMAR Vs. LICENCING AUTHORITY PILIBHIT

JUDGEMENT

(1.) The present petition under Art.226 of the Constitution is directed against the order dt. 20-6-1984 passed by respondent 1 (Annexure-4 to the petition), whereby the licence granted to the petitioner to hold the cattle market on the petitioner's bhumidhari plots was cancelled.

(2.) The facts shorn of details leading to the present petition are that the petitioner was the bhumidhar of plot No. 49, area 1.12 acres, plot No. 51, area 0.44 acre, plot No. 47A, area O.81 acre and plot No. 47-B, area 4.61 acres. The petitioner's father was entered as bhumidhar. The petitioner applied for grant of licence to hold cattle market on his those bhumidhari plots. The licence was sought from respondent 1 in accordance with the provisions of Kshettriya Samiti and Zila Parishad Adhiniyam for the year 1984-1985. Requisite enquiries were made and the petitioner was directed by respondent 1 to deposit the requisite licence fee and the petitioner deposited the same on 19-4-1984. The petitioner was issued necessary licence by order dt. 28-5-1984 (Annexure 3 to the petition). The petitioner was, thereafter, not informed of any complaint against him or against the order of grant of licence and all of a sudden he received the impugned order Dt. 20-6-1984 cancelling his licence. It is against this order the present petition has been filed.

(3.) The case of the respondent is that the licence has been cancelled as there was another market being held in Bhisalpur Block, Village Paharganj, which was at a distance of two Km. and there was complaint against the petitioner. Hence the licence was cancelled to maintain law and order situation as this market was also being held on the same dates when the petitioner was holding the market.