- (1.) The petitioner No.1, who is Gaon Sabha/ Land Management Committee duly constituted under the U.P. Panchayat Raj Act, 1947 and the petitioner No.2 duly elected Pradhan thereof have questioned the license/ renewal of license granted at the instance of Zila Panchayat, Firozabad dated 9th May, 2018 permitting respondent no.6 and 7 to hold a cattle market in Srinagar Pachokhara for the year 2018-2019, within its territorial limits.
(2.) The factual matrix as we draw in a narrow compass is that for the first time, father of the petitioners late Laxmi Narain Upadhyay was granted license in the year 1957 for holding cattle market on every Friday in village Pachokhara, District- Firozabad. He continued to enjoy license to hold cattle market on year to year basis by the District Administration and later on by the Zila Panchayat. Sometimes in the year 1977 Gaon Sabha by some resolution tried to restrain late Laxmi Narain Upadhyay from holding cattle market and also filed civil suit bearing O.S. No. 239 of 1977 which came to be dismissed. However, the appeal filed by the Gaon Sabha was allowed but the judgment of the first Appellate Court was reversed in second appeal by the High Court holding that the Gaon Sabha had no power to prohibit or restrict holding of the cattle market vide judgment in Laxmi Narain Upadhya and others v. Gram Sabha, 1998 3 AWC 1629. Vide Para 16 and 17 the court held thus: "16. In conclusion, it is found that the resolution dated 14.8.1977 adopted by the Gaon Sabha purporting to be under Section 15 (h) of the Act is invalid, Ineffective and Inoperative in the absence of rules framed by the State Government in exercise of power conferred under Section 110 or the bye-laws as contemplated under Section 112 of the Act. The Gram Sabha has no authority, power or competence to restrict the right of the defendant-appellants in holding the cattle market on their own land. The restriction put by the Gram Sabha on the right of the defendant-appellants by resolution dated 14.8.1977 is wholly illegal arid of no consequence. 17. In the result, this appeal succeeds. It is allowed and the Judgment and decree dated 23.1.1991 passed by Special Judge (E. C. Act)/Additional District Judge, Agra in Civil Appeal No. 24 of 1986 are set aside. The resultant effect would be that the Suit No. 239 of 1977 filed by the Gaon Sabha-Pachokhra plaintiff-respondent shall stand dismissed with costs throughout."
(3.) Thereafter the Gaon Sabha applied for license to hold the cattle market. The said application was rejected by the Licensing authority on 20th June, 1998. In the Meanwhile, Gaon Sabha preferred Special Leave Petition against the judgment of this Court passed in second appeal No. 234 of 1991 dated 11th March, 1998 but Special Leave Petition filed by the Gaon Sabha bearing No. 374 of 1999 however, was withdrawn by it. Late Laxmi Narain Upadhyay, died on 01.04.2010 and the license was renewed in favour of the petitioners who succeeded bhumidhari land of their father late Laxmi Narain Upadhyay.;