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2025 DAILYLAW 50803 (ALL)

NEERAJ KUMAR PATHAK v. STATE OF U.P. AND 5 OTHERS

WRIC/13336/2025 · 2025-08-03

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130529-DB Court No. - 21 Case :- WRIT - C No. - 13336 of 2025 Petitioner :- Neeraj Kumar Pathak Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pragati,Shaili Ganguly Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The present petition has been filed praying for a writ of mandamus commanding the respondents not to interfere in the peaceful holding of Friday market/haat bazar by the petitioner over his part of bhumidhari land comprising of Gata Nos. 143 and 145 Village Chachrai, District Bulandshahr. The case of the petitioner is that the petitioner took specific permission from the administration for holding market on his bhumidhari land. However, the local police is wrongly interfering in his right to hold market over his land. In support of the submission, our attention has been invited towards a communication dated 19.11.2013 by Sub Divisional Magistrate, Anoopshahar addressed to Additional District Magistrate (Administration), Bulandshahr wherein there is reference to the request of the petitioner for permitting him to hold Friday market. It mentions that since Friday is a weekly holiday for the market, therefore, there would be no difficulty in permitting the petitioner to hold Friday market on his bhumidhari land. It is also noted in the said communication that the land of the petitioner is situated outside the limits of Nagar Palika Parishad, Jahagirabad. On the same communication, there is an endorsement by Additional District Magistrate (Administration) that in case, the land of the petitioner is situated outside the municipal limits, there should be no difficulty in permitting the petitioner to hold the fair and the matter relating to maintenance of law and order has to be taken care of by the administration. It is submitted that on basis of said permission, petitioner has been regularly holding market on Friday but now it is being interfered with. 2. Learned Standing Counsel has placed on record the instructions received from the Inspector Incharge, Police Station Jahagirabad, District Bulandshahr. Therein the stand taken is that the petitioner, under garb of license for holding fair on Tuesdays, is also trying to hold the fair on Fridays. It is stated that the petitioner is making unauthorised recovery from the push-cart owners and small shop keepers for the fair. He was challaned on 28.11.2023 under Section 151 Cr.P.C. 3. Counsel for the petitioner submits that the ground taken by Inspector Incharge for interfering in the right of the petitioner to hold fair is entirely incorrect. She submits that the petitioner is not making any illegal recovery from any person. She also specifically denies any law and order problem. 4. It appears that Original Suit No. 590 of 2023 has already been instituted by the petitioner for restraining certain private persons from interfering in his right to hold the weekly fair. Subsequently, in the said suit, the State and its functionaries have also been impleaded. 5. In the aforesaid background, we permit the petitioner to approach the Senior Superintendent of Police i.e. respondent no. 4 herein, with his grievance by means of a fresh exhaustive representation along with true attested copy of the instant order and in which event, respondent no. 4 will examine the same and take appropriate decision within four weeks. 6. Subject to the above, the petition is disposed of. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 4.8.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad