- (1.) Heard learned counsel for the petitioner.
(2.) The petitioner has come up with a prayer that a writ of certiorari be issued for quashing the order dated 28th May, 2007 contained in Annexure 8 to the writ petition which is a letter of the Upper Mukhya Adhikari, Zila Panchayat Bahraich to the City Magistrate indicating that renewal of licenses to vegetable vendors have been withheld by the Zila Panchayat, as Village Tamachpur is outside the municipal limits of the Nagar Palika, District Bahraich.
(3.) The issue of such licenses being granted or renewed in relation to village Tamachpur had come up before us in Writ Petition No. 9641 of 2015 where we passed the following order on 13.10.2015 in the case of Pyare Khan:- "Heard Sri Surya Prakash Singh, learned Counsel for the petitioner and Sri N.C. Mehrotra, learned Counsel for the respondent nos. 2 and 3. Two reliefs have been prayed for by the petitioner, one that a mandamus be issued to the respondents to grant license to allow the petitioner to conduct sale of vegetables etc. at Village Tamachpur, Pargana Fakharpur, Tehsil Mahsi, District Bahraich and the second relief is that mandamus be issued to the respondents to decide his representation dated 17.07.2015. From the allegations made in the writ petition, it appears that the petitioner was allegedly carrying the business of wholesale vegetables etc. at Village Tamachpur, Pargana Fakharpur, Tehsil Mahsi, District Bahraich. This was objected by the Mandi Samiti on the ground that same requires a license. Keeping in view the fact that the said village falls within a notified market area of the Mandi Samiti, in our considered opinion the petitioner will have to apply for a license. However, learned Counsel for the petitioner stated that he has applied for a license but the same has not yet been considered. In the aforesaid circumstances, the first relief cannot be granted. So far as the grant of license is concerned, it will be open to the petitioner to move an appropriate application in terms of Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 before the respondent no. 2 who shall consider the said request of the petitioner, if made, in accordance with rules and after payment of due fee in this regard and shall dispose of the same. The writ petition is disposed of.";