JUDGMENT : A.N. VARMA, J. 1. The petitioner made an application before the Sub Divisional Officer, Moradabad for permission to hold a cattle market over plot No. 213 of village Sidrahu Nazarpur, Tahsil Thakurwara, P.S. Bhojpur district Moradabad. It appears that some others including Gaon Sabha had also made similar applications for permission to hold cattle market over their respective land situate within the Zila Parishad, Moradabad. All these applications have been rejected by the District Magistrate on the report of the Additional District Magistrate by an order dated 16-11-1987. 2. On 6-4-1988 this Court had directed the petitioner to take steps for service on the respondents Nos. 3 and 4 in addition to the usual mode of service. The learned Standing Counsel was also granted time to file counter affidavit on behalf of the respondents Nos. 1 and 2. The record indicates that the third and fourth respondents were duly served with the notice of the petition. The respondents Nos. 1 and 2 have filed no counter affidavit neither have respondents Nos. 3 and 4. 3. We have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents Nos. 1 and 2. It appears that the Tahsiidar had submitted a report in favour of the petitioner. The report was also endorsed by the Sub Divisional Officer. Subsequently the matter was placed before the Additional District Magistrate who, however, submitted a report to the District Magistrate in which he recommended that all the applications including that of the petitioner be rejected. The report was approved by the District Magistrate by an order dated 16-11-1987 which is subject of challenge in this petition. 4. A bare reading of the report of the Additional District Magistrate which has been approved by the District Magistrate in his capacity as an Administrator of the Zila Parishad would show that the petitioners' application has not been considered at all. There are no comments whatever with regard to the pleas raised by the petitioner that he may be allowed to hold cattle market on his plot No. 213. In the absence of any such comments, it is not possible to speculate on the considerations which weighed with the Additional District Magistrate and the District Magistrate in the rejection of the petitioner's application. In the absence of any such comments, it is not possible to speculate on the considerations which weighed with the Additional District Magistrate and the District Magistrate in the rejection of the petitioner's application. On the contrary the impugned order indicates that it was passed wholly on the basis of some discussions that had taken place between the Additional District Magistrate and the District Magistrate on the subject. What was discussed has neither been disclosed nor is otherwise clear. 5. We find it hard to sustain such an order. Further, the impugned order relates to the situation as it existed in November 1987. The situation relevant at that point of time may or may not be pertinent in the present context of things. The matter should, therefore, be examined afresh in the light and circumstances existing at present, should the petitioner choose to file an application for licence/permission to hold the market. 6. In the result, the petition succeeds and is allowed. The impugned order dated 16-11-1987 passed by the District Magistrate (Annexure 5) in so far as it relates to the application of the petitioner, is quashed. It will be open to the petitioner to make a fresh application before the competent authority of the Zila Parishad and if he does so, the petitioner's application may be considered and disposed of in accordance with law. No orders as to costs. 7. A copy of this order may be given to the learned counsel on payment of requisite charges within a week.