Neutral Citation No. - 2025:AHC:142070-DB Court No. - 40 Case :- WRIT - C No. - 27971 of 2025 Petitioner :- Abhishek Kumar Maurya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- C.S.C.,Surendra Prasad Shukla Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri Surendra Prasad Shukla, learned counsel for respondent no.2. 2. The petitioner by means of the present writ petition has assailed the order dated 31.07.2025 passed by the Uppar Mukhya Adhikari, Zila Panchayat, Sant Kabir Nagar. 3. The petitioner claims that he has been allotted licence for holding cattle fair in Village Narayanpur, District Sant Kabir Nagar. The petitioner was granted licence for holding cattle fair on 14.03.2024 for a period from 01.04.2024 to 31.03.2025. The petitioner, thereafter, deposited licence fee and submitted application for renewal of licence, and according to petitioner, the competent authority i.e. respondent no.2 has not passed any order on the application of the petitioner. 4. According to petitioner, it is a normal practice that if licence fee has been accepted, the licence shall be deemed to have been extended. The petitioner further stated that he is holding cattle fair even after 31.03.2025 on the strength of depositing licence fee. 5. It is contended by the learned counsel for the petitioner that it is provided under Clause 8 of the Bye-Laws of Zila Panchayat, Sant Kabir Nagar that if there is a licencee to hold cattle fair then no licence to any other person within the radius of 8 kilometers shall be granted for holding cattle fair. Accordingly, it is contended that grant of licence to respondent no.3 is in violation of Clause 8 of the Bye-Laws of Zila Panchayat, Sant Kabir Nagar, and therefore, licence of respondent no.3 for holding cattle fair is liable to be cancelled. 6. Per contra, learned counsel for the respondents would contend that the question as to whether licence to respondent no.3 granted by the respondent no.2 for holding cattle fair is within the radius of 8 kilometers of the place where petitioner is holding cattle fair or not is a question of fact which can very well be looked into by the competent authority, and therefore, no useful purpose would be served in keeping the writ petition pending. 7. In view of the aforesaid submissions, we dispose off the writ petition permitting the petitioner to file a detailed representation alongwith certified copy of this order before respondent no.2- Upper Mukhya Adhikari, Zila Panchayat, Sant Kabir Nagar against the grant of licence to respondent no.3 for holding cattle fair within a period of three weeks from today. In case any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same strictly in accordance with law after giving due notice and opportunity of hearing to the respondent no.3 as well as to the petitioner within a period of one month from the date he receives the representation of the petitioner. 8. For a period of two months or till the representation of the petitioner is decided, whichever is earlier, the licence dated 31.07.2025, annexure 1 to the writ petition, granted in favour of respondent no.3 for holding cattle fair shall remain stayed. Order Date :- 20.8.2025 Sattyarth (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad