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1966 Supreme(All) 462

G. C. MATHUR
Babu Ram – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
Man Singh and K.P. Srivastava, Advocates, for the Petitioner; S.C, for the Opposite Parties

JUDGMENT

G.C. Mathur, J. - According to the petitioner, there is a Ramlila ground in the district of Farrukhabad which is situate beyond the limits of the Municipal Board of Farrukhabad. The petitioner has obtained a licence from the Ramlila Committee for holding a market for the sale of potatoes on this ground. The petitioner complains that the municipal authorities are interfering with his right to hold the market on this ground and have even launched prosecutions against certain persons who keep shops on this ground under per. mission from the petitioner. According to the petitioner, the Municipal Board has no legal right to interfere either with the petitioner in holding the market or with any other person who comes to sell potatoes in this market with the permission of the petitioner. No counter-affidavit has been filed and no one has appeared to oppose the petition. The petition has therefore, to be decided on the un-controverted statements made in the petition and in the affidavit accompanying the writ petition.

2. It appears that under a notification dated November 11, 1920, certain bye laws were framed for regulating the markets of vegetables and fruits etc. in the Farrukha

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