Court No. - 5
Case :- WRIT - C No. - 20389 of 2019 Petitioner :- Sri Hasrat Ali And 4 Others Respondent :- Zila Panchayat Muzaffar Nagar And 16 Others Counsel for Petitioner :- Ajit Kumar,Mohit Kumar Counsel for Respondent :- C.S.C.,Santosh Kumar Upadhyay,Vijay Kumar Dixit,Vinod Kumar Upadhyay
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Ajit Kumar, learned counsel for the petitioners, Sri Vijay Kumar Dixit, learned counsel for the respondent Nos.1, 2 and 3, Sri Vinod Kumar Upadhyay, learned counsel for the respondent No.5 and learned standing counsel for the respondent Nos.16 and 17.
The petitioners were licencee for the year 2018-19 under the "Pashu Path Up-niyam" dated 08.06.1966 framed under Section 239 of U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961. By the impugned order dated 03.06.2019 passed by the respondent No.2, the renewal application of the petitioners for renewal of licence for the financial year 2019-2020, has been rejected. In the impugned order, an inquiry report dated 28.05.2019, has been relied by the respondent No.2 but despite demand, copy thereof was not given to the petitioners. Therefore, learned counsel for the petitioners submits that the impugned order has been passed in breach of principles of natural justice. He, therefore, submits that a copy of the inquiry report may be provided to the petitioners and after affording opportunity of hearing, a fresh order may be passed in accordance with law by the respondent No.2.
Sri V.K. Dixit, learned counsel for the respondent Nos.1 and 2 has handed over today in court a copy of the order aforesaid inquiry report dated 28.05.2019 to the learned counsel for the petitioners. He states that the respondents have no objection to afford a fresh opportunity of hearing to the petitioners and to pass an order afresh in accordance with law.
In view of the statement made by learned counsel for the respondents and the grievance expressed by the learned counsel for the petitioners, this writ petition is disposed of by quashing the impugned order dated 03.06.2019 only on the ground of breach of principles of natural justice. Copy of inquiry report in question has been given to the learned counsel for the petitioners today. The respondent No.2 is directed to pass an order afresh in accordance with law preferably within six weeks, after affording reasonable opportunity of hearing to the petitioners.
It is made clear the we have not entered into the question of validity of the bye-laws.
Order Date :- 20.6.2019 NLY