JUDGEMENT
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(1.) The appellants are in appeal, by special leave, against
the judgment and order dated December 12, 2007 passed by the
Allahabad High Court whereby the Division Bench of that Court
quashed the licence issued to them by respondent no. 2 Zila
Panchayat, Muzaffarnagar for holding private cattle market in
Village Gujjarpur Taparana at Khasra No. 2478 on Tuesdays for the
period October 23, 2007 till March 31, 2008 and any subsequent
order for the above purpose and directed the Zila Panchayat,
Muzaffarnagar to hear the present respondent nos. 3 and 4 and the
present appellants and decide the matter afresh.
(2.) The respondent nos. 3 and 4 are the owners of Khasra No.
637 situate in village Kheri Karamu Pargana, Tehsil Shamli, Distt.
Muzaffarnagar. They were granted licence by the Zila Panchayat,
Muzaffarnagar to hold private cattle market at the above place on
Tuesdays on payment of fixed fee. The licence issued to respondent
nos. 3 and 4 has been renewed year after year. For the period 2007-
2008, the licence given to these respondents was renewed from April
1, 2007 to March 31, 2008.
(3.) The appellants are owners of Khasra No. 2478 situate in
Village Gujjarpur Taparana, Tehsil Shamali, Distt. Muzaffarnagar.
On their application, they were given licence by the Zila
Panchayat, Muzaffarnagar to hold private cattle market in their
land on every Monday. The appellants wanted to hold the private
cattle market on Tuesdays instead of Mondays. As their request was
not acceded to, they filed a writ petition before the Allahabad
High Court for a direction to Zila Panchayat Muzaffarnagar to
modify the licence and permit them to hold the private cattle
market on Tuesdays. The High Court vide its order dated August 18,
2006 directed the appellants to make representation to the
competent authority and the competent authority was directed to
consider such representation in accordance with law.;
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