Judgment :-

R.M. LODHA, J.

The appellants are in appeal, by special leave, against the judgment and order dated December 12, 2007 passed by the Allahabad High Court whereby the Division Bench of that Court quashed the licence issued to them by respondent no. 2 – Zila Panchayat, Muzaffarnagar – for holding private cattle market in Village Gujjarpur Taparana at Khasra No. 2478 on Tuesdays for the period October 23, 2007 till March 31, 2008 and any subsequent order for the above purpose and directed the Zila Panchayat, Muzaffarnagar to hear the present respondent nos. 3 and 4 and the present appellants and decide the matter afresh.

2. The respondent nos. 3 and 4 are the owners of Khasra No. 637 situate in village Kheri Karamu Pargana, Tehsil Shamli, Distt. Muzaffarnagar. They were granted licence by the Zila Panchayat, Muzaffarnagar to hold private cattle market at the above place on Tuesdays on payment of fixed fee. The licence issued to respondent nos. 3 and 4 has been renewed year after year. For the period 2007- 2008, the licence given to these respondents was renewed from April 1, 2007 to March 31, 2008.

3. The appellants are owners of Khasra No. 2478 situate in Village Gujjarpur Taparana, Tehsil Shamali, Distt. Muzaffarnagar. On their application, they were given licence by the Zila Panchayat, Muzaffarnagar to hold private cattle market in their land on every Monday. The appellants wanted to hold the private cattle market on Tuesdays instead of Mondays. As their request was not acceded to, they filed a writ petition before the Allahabad High Court for a direction to Zila Panchayat Muzaffarnagar to modify the licence and permit them to hold the private cattle market on Tuesdays. The High Court vide its order dated August 18, 2006 directed the appellants to make representation to the competent authority and the competent authority was directed to consider such representation in accordance with law.

4. The appellants accordingly made a representation before the Collector, Muzaffarnagar but the said representation was rejected on October 11, 2006. The appellants then filed another writ petition before the Allahabad High Court aggrieved by the order dated October 11, 2006 passed by the Collector. The High Court disposed of the writ petition on February 14, 2007 by observing that the appellants may make representation to Chairman, Zila Panchayat, Muzaffarnagar. The appellants then made a representation to the Chairman, Zila Panchayat, Muzaffarnagar. Their representation was allowed by the Chairman, Zila Panchayat Muzaffarnagar on July 11, 2007 and the licence was issued to them on October 23, 2007 permitting them to hold cattle market in their land in Gujjarpur Taparana, Tehsil Shamali, Distt. Muzaffarnagar on every Tuesday.

5. The respondent nos. 3 and 4 initially filed a suit seeking permanent injunction against Zila Panchayat, Muzaffarnagar but after some time filed a writ petition before the Allahabad High Court challenging the order dated October 23, 2007 whereby Zila Panchayat, Muzaffarnagar granted licence to the appellants permitting them to hold private cattle market in their land on Tuesdays and the suit was withdrawn. The impugned order has been passed in this writ petition.

6. Before the High Court, the question was whether there has been a valid exercise of power on the part of Zila Panchayat, Muzaffarnagar in passing order/granting licence dated October 23, 2007 to the appellants permitting them to hold private cattle on Tuesdays.

7. The principal submissions of the writ petitioners (respondents no. 3 and 4 herein) before the High Court were twofold; one, as per bye-law 34 notified by Zila Panchayat Muzaffarnagar, called Zila Parishad, Muzaffarnagar Pashu Pait Bye Laws framed under the provisions of U.P. Kshetra Samiti and Zila Parishad Adhiniyam, 1961 ( Act No. 33 of 1961), no cattle fair shall be held within 8 kms. from another cattle market. According to writ petitioners, the distance between the land where they