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2025 DAILYLAW 157384 (ALL)

GORAKH NATH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 9 OTHERS

WRIC/7741/2025 · 2025-08-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47721-DB Court No. - 2 Case :- WRIT - C No. - 7741 of 2025 Petitioner :- Gorakh Nath Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 9 Others Counsel for Petitioner :- Dinesh Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-respondents and perused the record. 2. In view of order proposed to be passed, issuance of notice to respondent nos.5 to 10 is hereby dispensed with. 3. This writ petition has been filed by petitioner with following main prayer: "I. Issue a writ order or direction in the nature of mandamus thereby commanding and directing to opposite party No. 2 to 4 to take appropriate and lawful action against opposite party No. 5 to 10 by restrain they did not interfere in business of the petitioner. in the interest of justice. II. Issue a writ of order or direction in the nature of mandamus thereby commanding and directing to opp. party No. 2 i.e. District Magistrate Gonda to decide the application dated 29.07.2025 pending before him within a stipulated period fixed by this Hon'ble court contained as Annexure No. 7 to this writ petition in the interest of justice." 4. It has been submitted by learned counsel for the petitioner that the petitioner is the President of ' ममत पशश शव औददगगक उतपपदन सहकपरर सगमगत ललगमटटड, गददपशर, गवकपस खणड हलधरमऊ, जनपद गगडप', which is duly registered for the purpose of carrying out business of highs and bones. It has been working since 2002 in Block Haldharmau, District Gonda. The Zila Panchayat, Gonda has issued a licence in favour of the petitioner's Samiti on 21.04.2025 for doing business of highs and bones. The terms and conditions of the licence are being followed by the petitioner but certain anti social elements of the village concerned are demanding protection money and are causing hindrance in running of his business situated in Village Lalemau, Pargana, Tehsil and Police Station Colonelganj, District Gonda. The petitioner has moved an application to the Sub Divisional Magistrate, Tehsil Colonelganj, Gonda on 29.07.2025 and also to the Superintendent of Police, Gonda, but no action has been taken, therefore, this writ petition has been filed with the aforesaid prayers. 5. Learned Standing Counsel has produced before this Court instructions sent by the Sub Divisional Magistrate, Tehsil Colonelganj, Gonda dated 11.08.2025, wherein it has been stated that the licence issued by the Zila Panchayat, Gonda on 21.04.2025 to the petitioner's Samiti had mentioned several terms and conditions of which condition nos.1 and 8 are not being followed by the petitioner and on a spot inspection was carried out by the area Lekhpal and also the records were perused on the request of villagers belonging to the same village, who are residents of the area, it was found that the petitioner is carrying out his business at Gata No.1057 by erecting boundary of 8 feet in height but inside the boundary, the slaughter house is being run in open place as a result whereof offal and blood and other remains of dead animals are lying in the open, which are being picked up by birds and thrown in nearby residential areas including in the campus of a temple situated nearby. Hence the local residents of the area have contacted the police station and the police personnel taking into account the complaint of the villagers had put a lock on the main gate of the petitioner's business premise. 6. It has also been stated that the licence was issued by the Zila Panchayat, Gonda with the condition that petitioner shall take 'No Objection Certificate' from the Pollution Control Board, which he has not taken or submitted before the authority concerned. 7. In view of such instructions, which are taken on record, we find no good ground to show any interference. 8. Accordingly, this writ petition is dismissed. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 14.8.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench