JUDGMENT K C. Agrawal, J. - This petition under Article 226 of the Constitution has been respondents not to interfere in his right to hold Mela over his plots Nos. 348, 359 and 369 in village Kuiyan Kherea, Tahsil Kaimganj district Farrukhabad. It has further been alleged that respondent No. 3 be directed to fix the days for holding the cattle fair or the Mela over the aforesaid plots after issuing the fresh licence. 2. The dispute in the present case is that in between the petitioner Jahan Singh and Ravindra Kumar Gangwar who held a cattle market at Faizabad Kuiyan Kherea, Tahsil Kaimganj district Farrukhabad, previously he used to hold the Mela along with one Jafar Khan. 3. The petitioner was given the licence for holding the cattle fair to sell donkeys and horses over the aforesaid plots situated in village Kuiyan Kherea on 3-2-1982. In 1985, the petitioner applies for licence to sell the buffaloes and cows in respect of which he had been earlier given licence to hold the cattle fair for selling donkeys and horses. The petitioner was given the permission by the Sub-divisional Officer, Kaimganj by the order dated 28th May, 1985. Aggrieved persons preferred an appeal to the District Magistrate, Farrukhabad praying for cancellation of the licence for holding the cattle fair which had been granted to the petitioner. The District Magistrate vide order dated 2nd July, 1985 stayed the operation of the order dated 28th May, 1985. As a result of this stay order, the petitioner's right to hold cattle fair granted to him by the order dated 28th May, 1985 was suspended. The petitioner preferred writ petition No. 9856 of 1985 in this Court. The High Court passed the following order : "Issue notice. Meanwhile interim mandamus he issued directing the respondent Nos. 2 and 3 to fix the days for the petitioner's Mela or to show cause on 13th August, 1985." 4. The aforesaid writ petition was contested by Ravindra Kumar Gangwar, a mention about whom had already been made above. On 28th September, 1985, the learned Single Judge of this Court directed the District Magistrate, Farrukhabad to decide the application of the petitioner for holding of Mela afresh after considering the materials and the Government order, a mention about which will be made by us in this judgment later. On 28th September, 1985, the learned Single Judge of this Court directed the District Magistrate, Farrukhabad to decide the application of the petitioner for holding of Mela afresh after considering the materials and the Government order, a mention about which will be made by us in this judgment later. The application of the petitioner was since not decided by the District Magistrate, he moved an application to the High Court for issuing a fresh direction. This court on 3-1-1986 called upon the District Magistrate, Farrukhabad to decide the application of the petitioner within two weeks of the passing of the said order. 5. On 21st January, 1986, the District Magistrate directed the petitioner to approach the Zila Parishad with a proper application for grant of licence for holding the cattle fair. By the same order, he cancelled the licence which had been earlier granted to Ravindra Kumar Gangwar. The petitioner moved an application before the Zila Parishad, as was directed by the District Magistrate on 21-1-1986, but by the cancellation of the licence Ravindra Kumar Gangwar felt aggrieved and filed writ No. 1936 of 1986 in this Court and obtained a stay order. 6. The Upper Mukhya Adhikari rejected the application of the petitioner made by him in pursuance of the order of the District Magistrate dated 21-1-1986 while rejecting the application, the Zila Adhikari gave two reasons which were as follows : "(1) That the plots of the petitioner over which he wanted to hold the cattle fair were situated within 4 Kms. of the land belonging to Ravindra Kumar, over which the Mela or cattle fair was already being held. (2) That the matter relating to grant of permission to Ravindra Kumar being pending in the High Court, no fresh permission to hold the cattle fair to the petitioner could be given." 7. This order has been challenged by means of the present writ petition by Jahan Singh. Counsel urged that both the grounds given in the rejection of the application by the petitioner were unfounded and illegal. Out of the two grounds, ground number two was relating to the pendency of the writ petition filed by Ravindra Kumar Gangwar as against the order dated 21-1-1986, the details of which have been given by us above. This was the order by which the District Magistrate had cancelled the permission granted in favour of Ravindra Kumar Gangwar. Out of the two grounds, ground number two was relating to the pendency of the writ petition filed by Ravindra Kumar Gangwar as against the order dated 21-1-1986, the details of which have been given by us above. This was the order by which the District Magistrate had cancelled the permission granted in favour of Ravindra Kumar Gangwar. Cancellation of the permission given to Ravindra Kumar Gangwar had no relevance with the controversy as to whether the petitioner Jahan Singh be permitted to hold the cattle fair or not. This aspect had been erroneously taken into consideration by the Upper Mukhya Adhikari, Zila Parishad in rejecting the application for grant of permission made by the petitioner Jahan Singh. This was, to our mind, any relevant consideration. Another aspect of the matter to which we want to refer to is that the Upper Mukhya Adhikari, Zila Parishad was wrongly led away by consideration of the fact that another writ petition filed by the petitioner Jahan Singh in respect of this very controversy was pending in the High Court. As a matter of fact, no writ petition filed by the petitioner was pending. 8. The second ground given by the Upper Mukhya Adhikari, was on the basis of the Government G.O. No. 28548/XI-Kha 11(8) 68,. the reference of 4 Kins, is mentioned in this G.O. (Annexure C. A.-l to the counter affidavit). 9. To us, it appears that in the event of a Mela being held on the same days on which another Mela is being already held the requirement of this G.O. is that both the sites of the Mela should be at a distance of more than 4 Kms. This is clear from the following lances : ".......if granted should be more than 4 Kms. from the place where the market is always being held." 10. The petitioner has stated before us that he had although not made any formal application specifying the days on which he intended to hold the cattle fair, but he did not want Mondays and Fridays to be allotted to him, on which days Ravindra Kumar Gangwar respondent No. 4, is already holding the Mela apart from Ravindra Kumar, there is no other person who was holding the Mela within the radims of 4 Kms. from the place over which the petitioner wanted to have a permission for the Mela being held. 11. from the place over which the petitioner wanted to have a permission for the Mela being held. 11. Consequently, it appears to us that the Upper Mukhya Adhikari was wrong in rejecting the application of the petitioner on this ground as well. 12. For want we have stated above, we quash the order of the Upper Mukhya Adhikari, Zila Parishad, Farrukhabad, dated 3-5-1986 and send the matter pertaining to the grant of permission to hold the cattle fair and market of the petitioner and direct the Upper Mukhya Adhikari, Zila Parishad, Farrukhabad to decide the same afresh in accordance with law. 13. In the result, the writ petition succeeds and is allowed. The interim mandamus granted by this Court on 27-5-1986 is discharged. No order as the costs.