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Allahabad High Court · body

1981 DIGILAW 189 (ALL)

Shafi Khan v. Zila Parishad, Muzaffarnagar

1981-02-05

A.BANERJI, K.N.SINGH

body1981
JUDGMENT K.N. Singh and A. Banerji, JJ. - The petitioner's grievance is that his application for the issue of a licence to hold cattle fair has not been disposed of by the Licensing Officer of the Zila Parishad, Muzaffarnagar. The petitioner has prayed relief for the issue of a writ of mandamus directing the respondents to consider his application and pass orders thereon. 2. We have heard Sri Zaidi counsel for the petitioner and Sri Ansuman Singh counsellor the Zila Parishad and Licensing Officer. 3. With the consent of the counsel for the parties, we are disposing of this petition at the admission stage. 4. There is no dispute that no orders have been passed on the petitioner's application made for the purpose of obtaining licence to hold cattle fair. There is further no dispute that the Zila Parishad framed bye-laws requiring a person to obtain a licence for holding cattle fair. Whenever an application is made for a licence, the Licensing Officer is under legal duty to pass orders thereon. In the instant case the Licensing Officer has not passed any order on the petitioner's application. In the circumstances the petitioner's grievance appears to be genuine. We, therefore, allow this petition and direct the Licensing Officers, Zila Parishad, Muzaffarnagar to consider the petitioners' application and to pass order thereon within ten days. Parties shall bear their own costs,