- (1.) A licence to hold vegetable and cattle market on every Monday over Plot No. 158 was allotted to the respondent No. 4 for the year 2000-01 vide order dated 10th April, 2000. Complaints were filed against the said respondent by Sri Sampat Singh, Sri Dharampal Singh, Sri Mohar Singh, Sri Asha Ram Pal and Suresh Singh and the following allegations were levelled against him : (a) that he had permitted to sell the cow and its progeny for the purpose of slaughtering; (b) that he was charging 'Tahbazari' in excess of the rate fixed; (c) that he did not maintain register regarding sale and purchase of the cattle.
(2.) After conducting the enquiry in the matter the licence was cancelled on 5th April, 2002. On the cancellation of the license of respondent No. 4 same was allotted to the petitioner on her land situated at Gata No. 214 for the year 2002-03 on 17th April, 2002. In pursuance to the issuance of license petitioner is regularly holding the vegetable and cattle market on each Monday of the week on her plot. A Civil Suit was filed by the respondent No. 4 in the Court of Civil Judge (JD), District J.P. Nagar against the Zila Panchayat. An application for grant of interim injunction was also filed. Trial Court rejected the application vide order dated 25th May, 2002 against which a Civil Appeal was filed before the appellate authority. During pendency of the Civil Appeal, an application was filed by the respondent No. 4 before the Upper Mukhya Adhikari, J.P. Nagar requesting that he may be permitted to hold the cattle and vegetable market on Thursday of every week. The said application was allowed and he was permitted to hold the cattle market on every Thursday of the week which he continued to do till date. It seems that aggrieved by the order of the cancellation of the license dated 5th April, 2002 an appeal was preferred before the Chairman (respondent No. 2) which stood dismissed on 23rd August, 2005. Aggrieved by the order of the appellate Court he filed a Civil Misc Writ Petition No. 54345 of 2006 before this Court. The writ petition was allowed. Both the orders dated 5th April, 2002 and 23rd August, 2005 were quashed and the matter was remitted to the respondent No. 3 and Upper Mukhya Adhikari, J.P. Nagar was directed to decide the matter afresh after giving full opportunity of hearing to the petitioner and other interested persons. In pursuance to the direction issued by this Court, Upper Mukhya Adhikari, Zila Panchayat, J.P.Nagar again rejected the plea of the respondent No. 4 vide order dated 24th December, 2008. While rejecting the appeal of the respondent No. 4, following observations were recorded by the appellate Court: (i) Earlier the license was given to Khacheru Singh (father of respondent No. 4) for the period of 17th April, 1999 to 31st March, 2000. After expiry of the aforesaid period Khacheru Singh neither applied for renewal nor any application was moved to transfer the license in the name of Ram Phal Singh. (ii) After perusing the record, it has been found that the Ram Phal Singh with the connivance of the employees of the office illegally obtained the renewal between the period of 1st April, 2000 to 31st March, 2001. The aforesaid renewal does not bear the signature of competent authority. (iii) After perusing the record, it is found further that renewal of license for the year 2001-02 fraudulently obtained by Ram Phal Singh by adding the market for Tractor in the renewal. (iv) Allegations found correct regarding non maintaining the register and collection of Teh-Bazari more than the rate fixed.
(3.) In respect of the aforesaid allegations respondent No. 4 despite of service of notice neither filed the reply nor appeared before the officer (v) It has also been found in Gata No. 158 that there is no sufficient land in the name of Ram Phal to hold the cattle and vegetable market, because on the aforesaid Gata 23 shops and residential houses have already been constructed. No other facilities for the cattle are available, hence the application moved by Ram Phal Singh was rejected by Upper Mukhya Adhikari by order dated 24th December, 2008 (Annexure 10 to the writ petition).;