VIJAY MALIK Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners challenging the order impugned dated 23rd October, 2007 passed by the respondent No. 2 granting licence to respondent Nos. 3 and 4 for running cattle market in village Kheri Karamu, District Muzaffar Nagar. It appears to us that the petitioners prayed relief in the nature of mandamus directing the respondents not to permit holding of any cattle market on Tuesday within the radius of'8 kilometres of the plot of the petitioners.

(2.) MR. B. D. Mandhyan, learned senior Counsel appearing for the respondents Nos. 3 and 4 in whose favour the licence was granted, had taken preliminary objections in respect of maintainability of the writ petition. Firstly, a suit was instituted by the petitioners herein for certain reliefs in connection with their cattle market and an application for injunction was also filed therein. Although the application for withdrawal of the case has been made appropriate Civil Court but since the suit is pending, they cannot proceed with the writ petition for the similar reliefs in connection with their cattle market. In support of his contention, MR. Mandhyan has relied upon a Division Bench decision of this Court rendered in the case of Shri Ram Dutt and other v. New Okhla Industrial Development Authority and others, 1993 AIICJ 80. Paragraph-3 of the said Judgment as relevant for the said purpose is as follows : "3. Learned Counsel for the petitioner has in the end submitted that the petitioner is ready to give an under taking to withdraw the civil suit so as to enable him to pursue the remedy of writ under Article 226 of the Constitution. Such an undertaking will not help the petitioner. It is open to a person to choose the forum for redress of his grievance but having once selected the forum for resolving the dispute, it is not open to him to give it up without any rhyme or reason, it is against the public policy to permit a person to give up the remedy which he has a valid of without any just cause and then permit him to file a writ petition for the same relief. "

(3.) SECTION 239 (2) H (I), of the Manual, 1961, provides as under: (I), regulating fairs, cattle markets, agricultural shows and industrial exhibition held under the authority or a Zila Panchayat or a Kshettra Panchayat, or otherwise, to which the public is allowed to access;"