BIPIN KUMAR AGARWAL Vs. NAGAR MAHAPALIKA

JUDGEMENT

(1.) THE petitioner, Bipin Kumar Agarwal, is proprietor of a cinema known as Ajanta Talkies, 88, K.P. Kacker Road (Zero Road), Allahabad. He contends that in front of the cinema, the Nagar Mahapalika is inviting tenders from contractors for setting up of Tah -bazari on public streets, pathways, lanes etc. His contention is that whereas he has applied to the Nagar Mahapalika in 1959 for putting up a cycle stand to park cycles of his customers, who purchase cinema tickets, in 1970 this permission was cancelled by the Nagar Mahapalika. The petitioner contends that now whereas he had been denied permission to put up a cycle stand for parking cycles of his customers, the Nagar Mahapalika has auctioned a cycle stand in the same locality. Contention of the petitioner is that the law applies equally for all. For whatever reasons the petitioner could not set up a cycle stand for his customers, likewise, he contends that no authority of administration can also block the public pathways and streets by putting up a cycle stand or selling public roads or conducting tah -bazari. In the grounds of the petition the petitioner contends that by a recent decision of the Supreme Court, tah -bazari on public roads is not permitted. At the time when the writ petition was filed the petitioner had received an interim order from a Hon'ble Division Bench. The interim order continues. Despite notice having been issued on the writ petition, no counter affidavit has been filed.

(2.) HOWEVER , this Court has already given a judgment on 20.4.1999 in similar circumstances on the issues that now Tah -bazari cannot be misunderstood so as to encroach the side walks of public roads and public streets.