Allahabad High Court
Mohd. Sharif Saifi vs State Of U.P. & Others on 12 July, 2010
Bench: R.K. Agrawal, Abhinava Upadhya
Court No. - 32 Case :- WRIT - C No. - 3819 of 2010 Petitioner :- Mohd. Sharif Saifi Respondent :- State Of U.P. & Others Petitioner Counsel :- Mohd. Sharif Shaifi,In Person Respondent Counsel :- C.S.C.,Rajesh Yadav Hon'ble R.K. Agrawal,J.
Hon'ble Abhinava Upadhya,J.
The petitioner, who appears in person before this Court, is an applicant before the Local Body Thakurdwara, District Moradabad for seeking permission for holding weekly market on his bhumidhari land plot no. 19 area 0.559 hectare and plot no.15 area 0.117 situated at Fatehullaganj, Thakurdwara, District Moradabad.
It appears that initially an application was made before the District Magistrate, Moradabad by the petitioner for the aforesaid purpose, who in turn directed the Zila Panchayat, Moradabad to consider his claim. Since the petitioner's claim was not being considered, few writ petitions were earlier filed before this Court and this Court directed the Zila Panchayat to decide the application of the petitioner. Since the application of the petitioner dated 28.2.2009 was not being decided, another writ petition was filed by him being Civil Misc.Writ Petition No. 31913 of 2009.
Now it appears that vide order dated 21.10.2009 the request of the petitioner to permit him to hold weekly market on his aforesaid plot has finally been rejected by the Zila Panchayat, Moradabad vide impugned order annexed as Annexure-14 to the writ petition. Essentially, the ground for rejection of the application that has been taken, is that there is a high tension electric wire running over the plot in question and there is encroachment on the land and the said plot is in an area of high population density. It has also been held that by granting permission to the petitioner to hold weekly market communal harmony in the area could be disturbed. It appears that earlier upon queries made by the Zila Panchayat the petitioner had given an explanation as to how his plot is ideally suited for holding of the weekly market but the same has not been considered by the concerned authorities as according to the petitioner where the market is held as on today high tension electric wire runs over that property besides running of high tension wire over the property will in no way endanger the lives of members of the public or their properties. Similarly, the area is essentially muslim populated, therefore, there is no danger of any communal disharmony.
We have considered the submissions made by the petitioner and have also perused the counter affidavit filed on behalf of respondents no.2,3,4 and 5 and in our considered opinion, the grounds taken for rejecting the application of the petitioner are vague and does not properly address the issue. Although it is true that the petitioner has no indefeasible right to hold the market in his plot but he does have a right to have his claim considered by the authorities.
The manner in which and the reasons for rejecting the claim does not appear to be very sound. As such, in our view, the order cannot be sustained and is hereby set-aside. However, we think it just and proper that the petitioner may approach the District Magistrate, Moradabad, who will consider the application of the petitioner in accordance with law and will decide the same by speaking and reasoned order.
Subject to what has been stated above, the writ petition is allowed. The impugned order dated 21.10.2009 is quashed and the matter is remanded back to the District Magistrate, Moradabad to consider the claim of the petitioner as observed above. No order as to costs.
Order Date :- 12.7.2010 SKM