IMPORTANT POINT
Non-declaration under Section 143 of the Zamindari Act does not prevent the use of land for commercial purposes, as it is deemed excluded from the Act's provisions.

JUDGMENT :

Ravindra Maithani, J.

By means of the instant petition, the petitioner seeks the following reliefs:-

“(i) Issue Writ or Order in the nature of certiorari quashing the order dated 16.03.2023, passed by the respondent no.1 (contained as Annexure No.5 to the writ petition).

(ii) to issue writ, order in the nature of mandamus directing the respondent no.1 to grant license to the petitioner in terms of Section 241 of Uttar Pradesh Municipalities Act 1916 on the application moved by the petitioner 19.08.2022 (contained as Annexure No.2 to the writ petition).

(iii) Issue any other Writ, Order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case; and

(iv) Award the cost of the writ petition in favour of the petitioners.”

2. Heard learned counsel for the parties and perused the record.

3. It has been the case of the petitioner that he has been running a weekly haat bazaar for the last 10 years on Khasra No.310 and 311, area 0.0720 and 0.9930 hectares situated in revenue village, Mehmudpur, Mustakam, which was recorded in the name of the petitioner as Bhumidar with transferable rights.

4. In the year 2019, Nagar Panchayat was established in the area. Therefore under Section 241 of the Uttar Pradesh Municipalities Act, 1916, the petitioner applied for license to run the weekly haat bazaar, but no action was taken on it. Thereafter, the petitioner filed Writ Petition (M/S) No.2781 of 2022, Mohabbat Ali Vs. Nagar Panchayat, before this Court (“the petition”). In the petition, on 24.02.2023, an interim order was passed and the petitioner was permitted to hold weekly haat bazaar over the land subject to payment of license fees at the rate of Rs.500 per day. Subsequent to it, the license was rejected on multiple grounds by the respondent no.1, Nagar Panchayat Piran Kaliyar on 16.03.2023. It is impugned herein.

5. Nagar Panchayat has filed its objections. In view of the development that took place during pendency of the petition, the detail objection need not be noted. Fact remains that on 17.05.2024, No Objection Certificate (“NOC”) was granted by the respondent no.1, Nagar Panchayat, to the petitioner subject to five conditions, one of which is condition no.4, which is as follows:-

“4. Land utility certificate issued by the Revenue Department.”

6. The petitioner is not aggrieved by other conditions imposed by the respondent no.1 on 17.05.2024 for grant of NOC. He is aggrieved by the condition no.4 with regard to declaration under Section 143 of the Act.

7. Learned counsel for the petitioner would submit that declaration under Section 143 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1910 (“the Act”) is not at all required and it does not create any hindrance for the petitioner in running the haat bazaar. He would submit that at the most, if such declaration is not sought and the land is used for purposes other than agriculture, horticulture or animal husbandry, which includes pisciculture and poultry farming, the land shall not be governed by the provisions of the Act. Therefore, it is argued that the condition no.4 in NOC dated 17.05.2024, issued by the respondent no.1 is liable to be struck down.

8. Learned counsel for the respondents would submit that the petitioner has not sought declaration under Section 143 of the Act. Therefore, unless such declaration is sought, the NOC issued on 17.05.2024 by the respondent no.1 shall not come into force and the petitioner is under obligation to seek such declaration.

9. In fact, earlier also, on 16.03.2023, when the respondent no.1 rejected the grant of license to the petitioner, one of the grounds was that the land being agricultural is proposed to be used for commercial purposes.

10. Learned counsel for the respondents would submit that the petitioner is required to seek declaration under Section 143 of the Act. This is so as to ensure the public safety. He would also submit that such declaration is also necessary so as to ensure that the lan