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2025 DAILYLAW 172192 (ALL)

NEERAJ PATHAK v. STATE OF UP AND 6 OTHERS

WRIC/3251/2024 · 2025-10-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 3251 of 2024 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. 1. The writ petition has been listed under heading "Hon'ble Supreme Court Order (expedited)". It has been listed accordingly and called on. Mr. Rahul Kumar Tyagi, learned advocate appears on behalf of petitioner and Mr. Ashutosh Diljan, learned advocate, brief holder, for State. Mr. Pramod Kumar Singh, learned advocate appears on behalf of added respondent no. 7. 2. Mr. Tyagi submits, his client allows weekly market to be held in his property. Prayer of his client is for direction upon concerned respondents to not interfere in the peaceful performance of the animal market as well as Hatt market on his client's land bearing Gata no. 43, 145, situate in village- Chachrai, District- Bulandshahar. 3. Mr. Singh submits, license was granted only for running animal market. Moreover, the license expired. Mr. Tyagi, relying on disclosure made in supplementary affidavit dated 3rd August, 2025 submits, license fee was deposited for period up to year 2026. On query Mr. Singh submits, the license fee deposited will be refunded. It has been stated in the petition that there is Government Order (GO) in place restricting weekly markets being held in town areas. As such on query Mr. Singh submits, his client is the Zila Panchayat. Petitioner erroneously made the Nagar Panchayat as added party. The notice went to office of the District Magistrate, was redirected to his client and instructions issued. Versus Counsel for Petitioner(s) : Archana Jha, Hemant Sharma, Pragati, Pramod Kumar Singh, Shaili Ganguly Counsel for Respondent(s) : C.S.C., Pradeep Chauhan Neeraj Pathak .....Petitioner(s) State Of Up And 6 Others .....Respondent(s) 4. Petitioner's allegation is of facing harassment at hands of the administration, through the police. We have been shown a tax receipt on petitioner's contention that license fee has been paid for period up to year 2026. In the circumstances, there should not be interference with running of the weekly markets in petitioner's property, without proper authorisation. It is made clear, any restraint to be imposed must be on order by authority, served upon petitioner. 5. The writ petition is disposed of. October 28, 2025 Mohini WRIC No. 3251 of 2024 2 (Arindam Sinha,J.) (Satya Veer Singh,J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad