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2025 DAILYLAW 8637 (ALL)

ANAS SIDDIQUI v. STATE OF U.P. AND 4 OTHERS

WRIC/2009/2025 · 2025-07-06

Ashwani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105948-DB Court No. - 40 Case :- WRIT - C No. - 2009 of 2025 Petitioner :- Anas Siddiqui Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lokesh Kumar Dwivedi Counsel for Respondent :- C.S.C.,Rajendra Kumar Sharma,Shiv Kailash Kushwaha,Sitesh Kumar,Vinod Kumar Chandel Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. This petition is directed against an order passed by the Zila Panchayat, hathras dated 22.11.2024 whereby permission granted for running a cattle market in favour of the petitioner has been cancelled. 2. The order impugned records that there is an inter se dispute between the petitioner and the fourth respondent regarding ownership of the land over which the cattle market was being run. This precisely is the ground for cancellation of the permission to run the cattle market. 3. Learned counsel for the petitioner submits that the petitioner and the fourth respondent are family members and the cattle market was being run by them for the last 50 years. No opportunity is afforded to the petitioner before passing the order impugned. 4. Writ petition is opposed by the counsel for the fourth respondent, who points out that the cattle market was being run on Plot No.1004, which is recorded in the name of the fourth respondent and his brothers. Learned counsel for the private respondent states that the fourth respondent or the co-sharers have not given any consent for running of the cattle market on Plot No.1004 and, therefore, the order impugned merits no interference. 5. From the material placed on records, it remains undisputed that the fourth respondent is recorded as bhumidhar of the plot in question. Petitioner is not recorded over such land. No declaration has been granted by any competent court acknowledging title of the petitioner over Plot No.1004. In such scenario, when the petitioner has not been able to demonstrate his right over the land in question and the recorded bhumidhar has opposed the running of cattle market, no valid grievance can be raised by the petitioner if the permission for running the cattle market is denied by the competent authority. 6. Under such circumstances, this petition is dismissed. Order Date :- 7.7.2025 SK Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad