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2025 DAILYLAW 108757 (ALL)

ABRAR v. State of U.P. AND 2 OTHERS

WRIC/39554/2024 · 2025-03-05

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32654-DB Court No. - 29 Case :- WRIT - C No. - 39554 of 2024 Petitioner :- Abrar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mashaluddin Shah Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Petitioner has been granted licence to run Meat Shop at Mohalla Kassawan Urvarsi Road, Police Station Firozabad South, District Firozabad. Grievance of the petitioner is that without passing any orders the police authorities are not permitting the petitioner to operate his shop. 2. Taking cognizance in the matter instructions have been invited from the respondents. The written instructions received by learned Standing Counsel from the concerned respondents are taken on record. As per instructions, the district authorities are not interfering in the running of petitioner's shop, which has neither been seized nor has been closed. However, there are some obstruction in running of the meat shop due to objections raised by the people residing in close vicinity. 3. In the facts of the case, once licence under the appropriate enactment has been granted to the petitioner to operate meat shop there is no reason as to why petitioner be not allowed to run his shop. In the event the shop in question situates near a religious place and is otherwise within the prohibited area, the authorities must examine this aspect of the matter but without cancelling or suspending the licence they cannot obstruct running of petitioner's shop. 4. In that view of the matter, we dispose of this writ petition with a direction upon the District Magistrate, Firozabad to ensure that so long as valid licence subsists in favour of petitioner he shall be allowed to run his shop in accordance with law. Appropriate orders, as may be warranted in law, would be passed by the concerned District Magistrate within a period of two weeks from the date of presentation of a certified copy of this order. 5. It would otherwise be open for the authorities to revisit the registration/licence, if it has been issued in breach of the guidelines. Order Date :- 6.3.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad