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2025 DAILYLAW 86320 (ALL)

MAHENDRA v. STATE OF U.P. AND 4 OTHERS

WRIC/27690/2025 · 2025-09-21

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27690 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The following prayers have been made in the present petition:- "a) Issue a Writ, order or direction in nature of Mandamus Directing to the respondent authority to grant permission for running the Animal Market (Nakhasa Bazar) upon the gata No. 932 measuring area 0.328 hectare situated in Village Rebadi kala Tehsil Sahabad District Rampur, to meet the ends of Justice. b) Issue a Writ, order or direction in nature of Mandamus Directing to the respondent No.2 (District Magistrate District Rampur) to decide the application filed by the petitioner dated 07.01.2025, to meet the ends of Justice." 2. The petitioner has applied for permission to run an animal market over Gata No. 932 measuring 0.328 hectares Village Rebadi Kala, Tehsil Sahabad, District Rampur. The case of the petitioner is that on 18.09.2024 S.D.M. has submitted a report to Prabhari Adhikari, Sanyukt Karyalaya, Collectorate, Rampur stating that although there does not appear any impediment in granting permission but Writ Petition No. 6075 of 2024 at the behest of another person also for holding a cattle fair is pending before this Court. The submission is that the said request is for some other land. 3. Sri Rajiv Gupta, learned Additional Chief Standing Counsel submits Versus Counsel for Petitioner(s) : Brijesh Kumar Pandey Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C. Mahendra .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) that since the letter in question is only a recommendation and therefore, the District Magistrate, who is the competent authority, be permitted to take decision in the matter. 4. Having regard to the facts of the case and the submissions made, the writ petition is disposed of by providing that the request of the petitioner for grant of permission to hold cattle fair shall be considered and decided by respondent no. 2 within twelve weeks from the date of communication of the instant order after hearing all concerned. September 22, 2025 gp WRIC No. 27690 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad