MOHD. RAIS Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2020-1-596
HIGH COURT OF ALLAHABAD
Decided on January 31,2020

MOHD. RAIS Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) The petitioner is having land Gata Nos. 34, 38 and 39, situate in Village Tatarpur Patti, Tehsil Hasanpur, District Amroha. The petitioner was granted permission to hold a weekly market on every Wednesday on the said land for the sale and purchase of tractor and farm implements by the Gram Vikas Adhikari (Village Development Officer), Gram Panchayat Saidangali, Vikas Khand, Hasanpur, District Amroha on 05.11.2018 for a period of about 5 months ending 31.03.2019 on payment of Rs.10,000/- as licence fee with the annual renewal clause.
(2.) The petitioner had to file Writ-C No.13166 of 2019 seeking a direction upon the respondents not to interfere in his holding of the weekly market on his aforesaid land. The said writ petition was disposed of vide order dated 16.04.2019 without going into the merits of the claim of the petitioner with the direction to the District Panchayat Raj Officer ( In short D.P.R.O.) to consider the grievance of the petitioner in accordance with law on his representation.
(3.) It is in pursuance of the above direction that the D.P.R.O. has now passed an order dated 05.10.2019 narrating the entire facts cancelling the licence/permission granted to the petitioner for holding the weekly market inter alia on the ground that the Gram Vikas Adhikari is not possessed of any authority of law to grant any such licence/permission for holding the weekly market and accordingly the licence/permission granted by him on 05.11.2018 is against the provisions of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act).;


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