MOHD. AYYUB AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/19645/2025 · 2025-07-08
Ashwani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66933 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66933 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:108330-DB Court No. - 40 Case :- WRIT - C No. - 19645 of 2025 Petitioner :- Mohd. Ayyub And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abrar Ahmad Siddiqui,Mohd. Kalim Counsel for Respondent :- C.S.C.,Tabish Sheikh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Petitioners claim to be vendors in a weekly market organised by the Nagar Palika Parishad, Deoband District Saharanpur. Their grievance is that the weekly market held on each Wednesday has been discontinued without any reason. According to petitioners, an incident occurred on 19.4.2025 in respect of which an FIR was lodged whereafter the weekly market is discontinued.
2. A counter affidavit has been filed by Nagar Palika Parishad, wherein it is stated that the weekly market was organised close to several residential houses and a decision has now been taken to shift the market to an open place, which is at a distance from the village abadi. According to respondents, it would be open for anyone to set up a shop in the market organised elsewhere, and a notice has also been issued to this effect on 26.6.2025.
3. Though various submissions are made on behalf of the petitioners, but we do not find any right conferred on the petitioners to claim running of the weekly market at any specified location. Admittedly, the land belongs to Nagar Palika Parishad and it is always open for Nagar Palika Parishad to re- locate the market as per its requirement and in public interest.
4. Since the place of holding of the weekly market alone has
been shifted and the petitioners have not been able to demonstrate any right to insist upon the weekly market to be held at the previous place only, we decline to interfere in the present writ petition.
5. Consequently, this writ petition is dismissed.
6. It is, however, provided that dismissal of this petition will not preclude the petitioners from approaching the fourth respondent for running of their shop at the re-located market, who shall examine it in accordance with law.
Order on Civil Misc. Impleadment Application
7. This application is disposed of in terms of the order passed in the writ petition.
Order Date :- 9.7.2025 SK Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad