Court No. - 32 Case :- WRIT - C No. - 40572 of 2018 Petitioner :- Hafiz Khan Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Gulrez Khan,Javed Husain Khan,Sri W.H. Khan (Sr. Advocate) Counsel for Respondent :- C.S.C.,Birendra Singh,Brajesh Singh
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard the learned counsel for the petitioner and Mr. Birendra Singh, learned Standing counsel for the Zila Panchayat and perused the record.
This writ petition has been filed , inter alia, for the following relief:
" Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 7.9.2018 passed by respondent no. 3 ( Annexure-1 to the writ petition)."
The petitioner is Bhumidhar of Khasra No. 128 measuring 0.582 Hectare village Ranjeetpur, Tahsil Narain District Banda over which he is running a cattle market for more than 20 years on the basis of a licence which was subsequently renewed on 3.4.2017 for the year 2017-18 on payment of requisite fee. On 7.3.2018 the respondent no.3 issued an order to the owners of the cattle market including the petitioner requiring them to obtain ' no objection certificate' from Mukhya Pashu Chikitsa Adhikari, Banda, failing which their licence for the current year would not be renewed. In pursuance f the said order, the petitioner obtained 'no objection certificate' on 31.3.2018 from the respondent no.
3. and thereafter his licence was renewed for the year 2018-19. Later on, the respondent no. 3, passed an order on d 7.9.2018 whereby he prevented the owners of the cattle market from running the cattle market on the basis of some complaints received by the respondent no. 3 in respect of committing certain irregularities by the owners of the cattle market. By the said order dated 7.9.2018, the petitioner was required to attend the office of respondent no. 3 and to produce the health certificate granted by the Pashu Chikitsa Adhikari Banda.
Mr. Birendra Singh, learned Standing Counsel appearing on behalf of the Zila Panchayat submits that a photostat copy of the health certificate in pursuance of the aforesaid order dated 7.9.2018 has only been submitted by the petitioner and the original copy of the same has not yet been produced before the respondent no.
3. While handing over a copy of the order dated 30.11.2018 passed by the Upper Mukhya Adhikari, Zila Panchayat, Banda, he further submits that the said letter has been issued to the petitioner directing him to produce the original copies of the Health Certificates and also the original receipts of cattle sold but till date the petitioner has not produced the same. He further submits that a copy of the said order dated 30.11.2018 has also not been annexed with the present writ petition, to which, learned counsel for the petitioner replied that a copy of the said letter has not yet been received by the petitioner and the learned Standing Counsel may be directed to supply him a copy of the said letter forthwith . Accordingly, the learned Standing Counsel for Zila Panchayat has supplied a photostat copy of the aforesaid order dated 30.11.2018 to the learned counsel for the petitioner in the court.
Considering the facts and circumstances of the case, this writ petition is disposed of with a direction to the petitioner to comply with the orders dated 7.9.2018 and 30.11.2018 passed by the respondent no. 3 whereby the petitioner was directed to produce the original copies of the health certificates to the respondent no. 3 as well as the original receipts of the sale of cattle and in case the aforesaid orders are complied with by the petitioner, the concerned authority shall pass appropriate order within three days.
Order Date :- 19.12.2018 MLK