Court No. - 29
Case :- WRIT - C No. - 28222 of 2018 Petitioner :- Bhagwandas Singhal And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Sushil Kumar Pandey Counsel for Respondent :- C.S.C.,Vashishtha Tiwari
Hon'ble Pankaj Mithal,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioners. Learned Standing Counsel has appeared for the respondent No.1 to 6 and Sri Vashishtha Tiwari for respondent No.7.
The petitioners allege that they are holding a cattle fair on their private land on every Saturday for the last many years, but the S.S.P. by the impugned order dated 27.05.2018 has directed to stop the holding of the said cattle fair.
A perusal of the aforesaid order reveals that it has been passed on the basis of some enquiry conducted by a committee.
Learned Standing Counsel points out that in respect of the said land, one another writ petition bearing Writ (C) No.- 27232 of 2018 (Dalveer Singh and 4 others Vs. State of U.P. and 6 others) was filed and the same was disposed of vide order dated 10.08.2018 with the direction to the District Magistrate to consider the representation of the petitioners therein in accordance with law within a period of 15 days of the submission of the same.
Learned counsel for the petitioners deny that the aforesaid petition was not in respect of the same land.
Be as it may, as a similar controversy has been relegated to be decided by the District Magistrate, we also think it proper that the controversy raised in this petition may also be considered by the District Magistrate.
It goes without saying that it will be open for the respondent No.7 to take appropriate action against the petitioners if they are not having any license to hold the cattle fair on the land in dispute, but the S.S.P. is certainly not justified in passing the impugned order dated 27.05.2018 on the basis of an enquiry report dated 08.05.2018, a copy of which was never supplied to the petitioners.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with the direction to the petitioners to approach the District Magistrate for his above grievance and in case they file a representation in this regard within the next 15 days, he will consider the same in accordance with law and pass appropriate order within a period of one month thereafter.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 23.8.2018 Nirmal Sinha