IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE CHIEF JUSTICE SHRI VIPIN SANGHI

AND

JUSTICE SHRI RAMESH CHANDRA KHULBE

12^th SEPTEMBER, 2022

Special Appeal No.303 of 2022

Navid Qureshi

…… Appellant

Vs.

State of Uttarakhand and Others …… Respondents

Presence: -

Mr. Dushyant Mainali, learned for the appellant.

Mr. Anil Bisht, learned Additional Chief Standing Counsel for the

State.

Mr. B.S. Negi, learned counsel for respondent nos.3&4.

JUDGMENT: (Per Shri Vipin Sanghi, Chief Justice)

The appellant has preferred the present

special appeal to assail the order dated 20.07.2022

passed in WPMS No.2073 of 2016 by the learned Single

Judge. By the impugned judgment, the writ-petition

preferred by the appellant has been dismissed by the

learned Single Judge.

2.

The relief sought in the petition (impugned

judgment) were as follows:-

“i. Issue a writ, order or direction in the nature of

certiorari calling for the original record and

pleased to quash the impugned order dated

08.06.2016 (Annexure – 2) passed by the

respondent

no.

2

i.e.

District

Magistrate,

Uttarakashi, District Uttarkashi.

ii. Issue a writ, order or direction in the nature of

Mandamus

directing

and

commanding

the

respondents that they shall not interfere in the

peaceful business activities i.e. in running the

mutton shop in his house situated at the roadside

of Gangotri National Highway without any valid

reason.

iii. Issue a writ, order or direction in the nature of

Prohibition making declaration to the effect that

after central enactment of the Food Safety and

Standards Act, 2006 the bye-laws no. 3 framed by

the respondent Zila Panchayat became illusionary

and same are not applicable for the purpose of

regulating food safety activities in rural area,

therefore,

no

license

from

respondent

Zila

Panchayat is required to do business.”

3.

The case of the appellant is that the appellant

was running a mutton shop since the year 2006 in a

rented accommodation in Village Hina Gao, after

obtaining license from the Zila Panchayat. He ran the

said shop till the year 2015 at the rented premises.

Whereafter, he shifted the shop in his own shop to carry

out his business of butchering and selling mutton. On

27.02.2016, the Zila Panchayat, Uttarakashi issued a

notice to the appellant to shift his mutton shop within

seven days to another place as his shop is situated at a

distance of 105 metres upon the bank of river Ganga on

the ground that the same was violative of the existing

by-laws. As per the by-laws, operation of mutton

/chicken shop within 500 metres from the bank of river

Ganga is prohibited.

4.

The appellant earlier preferred WPMS No.651

of 2016, which was disposed of in limine with liberty to

the

appellant

to

file

representation

before

the

authorities, which the authorities were directed to

dispose of. On 09.05.2016, the appellant served a copy

of the order to respondent nos.2 and 3 and prayed for

issuance of license for the next financial year i.e. 2016-

17. Respondent no.2, the District Magistrate/Zila

Panchayat, Uttarkashi vide order dated 09.05.2016

rejected the representation of the petitioner on the

basis of the Resolutions of meeting held on 04.05.2016.

2

5.

The appellant again approached this Court by

preferring WPMS No.1383 of 2016. During the pendency

of the writ-petition, the appellant again made a

representation

before

the

District

Magistrate/Zila

Panchayat, Uttarakashi to grant no objection certificate,

which was again rejected. The appellant had then

preferred the writ-petition in which the impugned

judgment has been passed.

6.

The submission advanced by the appellant

before the learned Single Judge, which is also repeated

before us is that the District Magistrate/ Zila Panchayat,

Uttarkashi has no jurisdiction to interfere in the matter

as, according to the appellant, after passing of the Fo