JUDGMENT S.K. Dhaon, J. - This petition, at the instance of a tenure-holder is directed against an order passed by a Licensing Officer cancelling a licence whereby it permitted the petitioner to hold a cattle market on his own land. 2. Section 239 (2) H (1) of the U.P. Kshettra Samitis and Zila Parishad Adhiniyam (hereinafter referred to as the Adhiniyam) confers in the Zila Parishad the power to frame bye-laws for regulating fairs, cattle markets, agricultural shows and industrial exhibitions held under the authority of a Parishad or a Kshettra Samiti, or otherwise, to which. the public allowed access". Accordingly, the Zila Parishad framed certain bye-laws which were duly published In the U.P. Gazette dated. 19th November, 1975. These bye-laws were confined exclusively to the cattle markets and the cattle fairs which were to be held within the jurisdiction of the Zila Parishad. 3. Bye-law No. 17 provides that any person who desires to hold a cattle market or fair on his own land has to obtain a licence from the Zila Parishad after paying a prescribed fee and shall be called the licensee. Bye-law No. 21 describes the numerous authorities who may be called the Licensing Officers. Bye-law No. 22 is important for the purposes of this case. In sub-bye-law (a) it is provided that the Licensing Officer is entitled to fix the date, time and place for the holding of a cattle market or fair. It also provides that keeping in view the welfare and the interest of the public the Licensing Authority, while fixing the date, time and place at which a cattle market may take place, shall bear in mind that on a particular day a similar market or fair is not held at two places which are within a radius of 5 kilometers. Sub-bye- law (b) provides that if before the enforcement of the bye-laws, a market or a Mela was held at two places on a particular day within a radius of five kilometers, the market or fair which came into existence earlier in point of time will be allowed to be held on the same day on which it was being held hithertofore and some other day will be fixed by the Licensing authority for holding the other market or fair in its discretion. Sub-bye-law (c) prohibits the holding of a market or fair without obtaining a licence from the Zila Parishad. Sub-bye-law (c) prohibits the holding of a market or fair without obtaining a licence from the Zila Parishad. Bye-law 23 provides that if a licensee does not observe the conditions of the licence, the Licensing Officer will be entitled to either suspend or cancel the licence. 4. It is not in dispute that the licence of the petitioner was renewed for the year 1984-85 and the petitioner was permitted to hold a cattle market on his own land on Fridays. It appears that the Gaon Sabha, Pinjari Nagri was also holding a cattle market on the land vested in it. It desired to hold such a market on Fridays. It appears that a representation was made to the Licensing Officer that the licence of the petitioner had been wrongly renewed. Some allegations were made personally against the petitioner to the effect that he while holding the office of the Pradhan, abused his powers and obtained a licence from the Zila Parishad for the first time not in his individual capacity but in his capacity as a Pradhan, It also appeals that some enquiry was held by the Licensing Officer through the Sub-Divisional Officer, Koil behind the back of the petitioner. The Licensing Officer after considering the report of the Sub-Divisional Officer recorded a finding that the petitioner was holding a market on his own land since the last 10 to 12 years. The Licensing Officer after considering the report submitted by the Sub-Divisional Officer that it will not be in the public interest to allow any individual to hold a cattle market on his land within the jurisdiction of the Gaon Sabha, Panjari Nagri and there is a possibility of public peace being disturbed if such a market is allowed to be held, recorded a finding that no occasion arose for permitting anyone else except the Gaon Sabha to hold a cattle market within the jurisdiction of the Gaon Sabha. It, accordingly, cancelled the licence of the petitioner and granted a licence to the Gaon Sabha to hold cattle markets on Tuesdays and Fridays. 5. The petitioner is a citizen of India and he has, therefore, a fundamental right guaranteed to him to carry on any trade or profession. This right is subject to reasonable restrictions. It, accordingly, cancelled the licence of the petitioner and granted a licence to the Gaon Sabha to hold cattle markets on Tuesdays and Fridays. 5. The petitioner is a citizen of India and he has, therefore, a fundamental right guaranteed to him to carry on any trade or profession. This right is subject to reasonable restrictions. We have seen above that the bye- laws framed by the Zila Parishad merely regulate the holding of a cattle market by a citizen on his own land. The bye-laws do not contemplate a total prohibition in the garb of regulation. In S.L.P. (Civil) No. 5072 of 1980 Ram Ballabh Tewari v. Sunder Singh which was filed against a decision of this Court dated 20th June, 1980 in Civil Misc. Writ No. 4678 of 1978 the Supreme Court held :- "We do not think that the respondent No. 1 (Sunder Singh) can be absolutely prevented from holding cattle market in his bhennidhari plot. The licensing authority, however, in order to avoid any breach of peace while granting the licence may take into consideration as to whether the said respondent should be granted a licence to hold the cattle market on the same days on which the petitioner is holding cattle market in his plot. As far as possible such a thing should be avoided in order to avoid various types of complications.". Thus, it will be seen that the Licensing Officer could not prohibit the holding of a cattle market by the petitioner on his own land. His order not merely infringes the fundamental right guaranteed to the petitioner but the same has travelled beyond the scope of the bye- laws which he is under an obligation to observe. It is to be noted that the Licensing Officer is a creature of the bye-laws. 6. The Licensing Officer had no jurisdiction to cancel the licence of the petitioner which had already been renewed. We have already adverted to bye-law No. 23 which restricts the right of the Licensing Authority to cancel any existing licence only in a situation where a licensee has observed the conditions of a licence in its breach. Neither the Licensing Officer has recorded such a finding nor is it anybody's case that the petitioner did not conform to the conditions of the licence issued to him. 7. Neither the Licensing Officer has recorded such a finding nor is it anybody's case that the petitioner did not conform to the conditions of the licence issued to him. 7. It is the petitioner's case that he has been holding a cattle market on his own land since about the year 1968, that is, from a date anterior to the enforcement of the bye-laws. This submission stands corroborated by the finding of the Licensing Officer in the impugned order that the petitioner has been holding a cattle market since the last 10 to 12 years. It also appears to us that the Gaon Sabha concerned has come into picture at a -very late stage. The Gaon Sabha as well is entitled to hold the cattle market on its own lands and so is the petitioner. The Licensing Officer has now merely to fix the day, time and place of the cattle markets which are to be held by the petitioner and the, Gaon Sabha respectively. For that purpose, we have already indicated, the bye-laws give sufficient guidelines. The Officer concerned has to merely apply his mind to the facts of the cases of the petitioner as well as the Gaon Sabha and then determine as to which of them commenced holding cattle market on their individual land first in point of time before the enforcement of the bye-laws. If it comes to the conclusion that either of the two parties came into the picture after the enforcement of the bye-laws then too the party which was already holding a market on a particular day before the enforcement of the bye-laws would be normally entitled to continue to hold the cattle market on that particular day. Nonetheless, keeping in view the welfare and the interest of the public the licensing officer has still a discretion to earmark any particular day for the holding of a cattle market by either of the two parties. Of course, such a discretion is to be exercised judicially keeping in view the term and-spirit of the bye-laws and not arbitrarily. 8. As we have held that under the law both the petitioner as well as the Gaon Sabha are entitled to hold markets on their respective land, we do not consider it necessary to quash the order of the licensing officer granting the licence to the Gaon Sabha to hold such a market. 8. As we have held that under the law both the petitioner as well as the Gaon Sabha are entitled to hold markets on their respective land, we do not consider it necessary to quash the order of the licensing officer granting the licence to the Gaon Sabha to hold such a market. However, we quash the order of the Licensing Officer to the extent it has permitted the Gaon Sabha to hold cattle markets on Tuesdays and Fridays, Obviously, these days were allotted by the licensing officer on the footing that, according to him, the petitioner was not entitled to hold the cattle market at all. The licensing officer shall now determine the particular day or days on which either of the two parties will be permitted to hold cattle market on their respective land. He shall do so after giving an opportunity to both the parties to put forward their respective cases. We make it clear that the expression of our views, if any, on the merits of the case is merely tentative. The Licensing Officer is left entirely free to investigate the relevant facts himself and to record his own findings. 9. This petition succeeds in part and is allowed. The impugned order dated 1st Sept. 1984, passed by the Licensing Officer of the Zila Parishad is quashed in so far as it purports to cancel the licence of the petitioner. The impugned order is also quashed to the extent that under it the Gaon Sabha is entitled to hold cattle market on Tuesdays and Fridays. The Licensing Officer shall now proceed to act in accordance with the directions given by this Court in this judgment. He has to fix the day or days for each of the parties within one month of the production of a certified copy of the order of this Court before him by either party. There shall be no order as to costs.