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2018 Supreme(All) 1996

SHASHI KANT GUPTA, AJIT KUMAR
Gaon Sabha/Land Management Committee Gram Panchayat – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Ashish Kumar Srivastava
For the Respondent: C.S.C., Dhiraj Srivastava, Mukesh Kumar, Pushpendra Singh Jadon

JUDGMENT :

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 Cour





















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