AJAB SINGH Vs. DISTRICT MAGISTRATE MEERUT

JUDGEMENT

(1.) THE Petitioners have filed the present petition under Article 226 of the Constitution challenging the order of the District Magistrate, Meerut, dated 30th November, 1976 by which the day for holding the cattle -market by the Petitioners in their own land was changed from Friday to Sunday; and, by the same order Sri Mool Chand, Respondent No. 3, was permitted to hold cattle market in his land, on any day of the week.

(2.) IT is the Petitioners' case that they are the Bhumidhars of plots Nos. 3559, 3560, 2875 and 3562 situate in village Daha Pargana Barnawa, Tehsil Sardhana district Meerut. By an order dated 27th of April, 1973, of the Additional District Magistrate they were permitted to hold cattle -market on every Friday of the week, on the plots aforementioned. The Respondent No. 3 who had been refused permission by the District Magistrate, Meerut to hold cattle -market on his land, approached the Commissioner, Meerut Division, Meerut. The claim of Sri Mool Chand was allowed by the Commissioner by his order dated 6th of April, 1974. In pursuance to this order the District Magistrate, Meerut, issued orders dated 22nd of May, 1974, allowing Sri Mool Chand to hold cattle market on his land. The Petitioners challenged the order of the Commissioner dated 16th April, 1974, and of the District Magistrate dated 27th April, 1973, in Civil Misc. Writ Petition No. 3358 of 1974. It was asserted in the writ petition on behalf of the Petitioners that on the basis of the Commissioner's order, the district authorities prevented the Petitioners from holding their cattle -market. A learned single Judge of this Court by his judgment, dated 22nd of March, 1975, allowed the writ petition. The orders were quashed and the district authorities were directed not to interfere with the Petitioners from holding the cattle -market on their land. The Petitioners, thereafter, continued to hold their market on every Friday of the week. Later, by an order dated 5th of May, 1976, the District Magistrate changed this day from Friday to Sunday. The Petitioners objected to this change whereupon the District Magistrate by his order dated 9th of September, 1976, vacated the order dated 5th of May, 1976 and directed that the Petitioners may hold their cattle -market on every Friday of the week and Sri Mool Chand to hold cattle -market on any day in the week other than Friday. The Petitioners hence continued to hold their cattle -market on every Friday of the week.

(3.) LEARNED Counsel for the Petitioners has submitted before us that the change of the day of holding cattle -market from Friday to Sunday, has resulted in a situation almost amounting to closure of the business. It has been asserted that since several years past the cattle -market was being held on Fridays only ; and the fact of the holding of the cattle -market on this day had become well known amongst all those interested, as such, the result of any change in the day would obviously adversely affect their business. It has, further, been asserted that it was for this reason that Mool Chand was making all attempts to persuade the District Authorities to prohibit the market being held on the Petitioners' land on Fridays. The Learned Counsel submitted that the District Magistrate has no jurisdiction to pass the impugned order dated 30th November, 1976. He has, further, submitted that the order has been passed in violation of the principles of natural justice, inasmuch as no notice of hearing was given to the Petitioners.