Sunita Agarwal, J.— Heard Shri Anshu Chaudhary, learned counsel for the petitioners, Shri Gautam Chaudhary, learned counsel for the respondents appearing for respondent nos. 4 and 5 and learned Standing Counsel for respondent nos. 1, 2 and 3. Learned counsel for the petitioner submits that petitioner be permitted to delete the respondent no. 6 from the array of the parties. Amendment application filed today is allowed. Petitioner may carry out the amendment during the course of the day. By the consent of both the parties, the writ petition is being finally disposed of. By this writ petition, the petitioner have prayed for quashing the order dated 15th June, 2012 passed by the Collector, Auraiya under Section 228/251 of the U.P. Kshetra Panchayat and Zila Panchayat Adhinium, 1961 (hereinafter referred to as 'the Act') as well as the order dated 30th December, 2011 passed by the Divisional Commissioner, Kanpur, Division Kanpur by which the appeal filed by the respondent no. 4 was rejected by holding it to be not maintainable before the Commissioner with liberty to respondent no. 4 to file an appeal before the Collector. The petitioners Zila Panchayat, Auraiya and Mohd. Irshad, Adhyaksha/Chairman, Zila Panchayat, District Auriaya have come up in the writ petition challenging the orders passed by the District Magistrate as well as the order of the Commissioner. The first submission of the learned counsel for the petitioners is that the Commissioner committed error in rejecting the appeal of respondent no. 4 as not maintainable. Learned counsel for the petitioners submits that the Commissioner is an Appellate Authority under Section 228 of the U.P. Kshetra Panchayat and Zila Panchayat Adhinium, 1961, hence he committed error in rejecting the appeal. Section 228 of the Act provides the power of Prescribed Authority to suspend action under the Act. Section 228 of the U.P. Kshetra Panchayat and Zila Panchayat Adhinium, 1961 is quoted below:- "Powers of prescribed authority to suspended action under the Act. Section 228 of the Act provides the power of Prescribed Authority to suspend action under the Act. Section 228 of the U.P. Kshetra Panchayat and Zila Panchayat Adhinium, 1961 is quoted below:- "Powers of prescribed authority to suspended action under the Act. (1) The prescribed authority may, whithin the limits of its jurisdiction by order in writing, prohibits the execution or further execution of a resolution or order passed or made under this or any other enactment by a Zila Panchayat, or Committee of a Zila Panchayat, or a joint committee, or servant of a Zila Panchayat or a Committee, if in its opinion such resolution or order is patently illegal or ultra vires or inconsistent with any order or direction given by the State Government under this Act or is of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body or persons lawfully employed, or danger to human life, health or safety, or a riot or affray and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order. (2) Where an order is made under Sub-section (1) a copy thereof, with a statement of the reasons for making it, shall forthwith be forwarded by the prescribed authority to the State Government which may, after calling for an explanation from the Zila Panchayat and considering the explanation, if any, made by it, rescind, modify or confirm the order. (2) Where an order is made under Sub-section (1) a copy thereof, with a statement of the reasons for making it, shall forthwith be forwarded by the prescribed authority to the State Government which may, after calling for an explanation from the Zila Panchayat and considering the explanation, if any, made by it, rescind, modify or confirm the order. (3) Where the execution or further execution of a resolution or order is prohibited by an order made under Sub-section (1) and continuing in force, it shall be the duty of the Zila Panchayat or the Committee of the Zila Panchayat or the joint committee or any officer or Servant of the Zila Panchayat or of the Committee of the Zila Panchayat or of the joint committee, if so required by the authority making the order under the said sub-section, to take any action which it would have been entitled to take if the resolution or order had never been made or passed, and which is necessary for preventing any person from doing or continuing to do anything under cover of the resolution or order of which the further execution is prohibited." Learned counsel for the petitioners states that Commissioner has been notified as a Prescribed Authority under Section 228 of the Act. By virtue of the notification dated 13th February, 1963 (Annexure No. 6 to the writ petition), the Commissioner has been notified as Prescribed Authority for exercise of power under Section 228 of the Act. The power under Section 228 of the Act is not an appellate power of the Commissioner but is the power given to Prescribed Authority to suspend any action under the Act. Thus, the submission of the learned counsel for the petitioners that the Commissioner is an Appellate Authority is wholly erroneous. Section 251 of the Act provides for filing an appeal against the order of Zila Panchayat. Section 251 of the U.P. Kshetra Panchayat and Zila Panchayat Adhinium, 1961 is quoted below: "Appeals from order of Zila Panchayat. Thus, the submission of the learned counsel for the petitioners that the Commissioner is an Appellate Authority is wholly erroneous. Section 251 of the Act provides for filing an appeal against the order of Zila Panchayat. Section 251 of the U.P. Kshetra Panchayat and Zila Panchayat Adhinium, 1961 is quoted below: "Appeals from order of Zila Panchayat. (1) Any person aggrieved by any order or direction made by a Zila Panchayat or a Kshettra Panchayat, as the case may be, under the powers conferred upon it by Sections 165(1), 171, 184, 191(6), 193, 202, 216, 218, 221 or under a bye-law made under sub-head (a) of Heading D and under Heading E of sub-section (2) of Section 239, may within thirty days from the date of such direction or order, exclusive of the time requisite for obtaining a copy thereof, appeal to such officers as the State Government may appoint, for the purpose of hearing such appeals or any of them or, failing such appointment, to the District Magistrate. (2) The appellate authority may, if it thinks fit, extend the period allowed by sub-section (1) for appeal. (3) No appeal shall be dismissed or allowed in part or whole unless reasonable opportunity of showing cause or being heard has been given to the parties." No authority having been appointed by the State Government for hearing the appeal from order of the Zila Panchayat. The District Magistrate is an Appellate Authority under Section 251 of the Act against an order passed by the Uppar Mukhya Adhikari granting licence for running cattle fair. Thus, the order of the Commissioner dated 30th December, 2011, holding that the appeal is not maintainable before the Commissioner, is wholly justified and in accordance with law. Thus the prayers of the petitioners to quash the orders is refused. Learned counsel for the petitioners submits that the District Magistrate by the impugned order has now constituted a committee of three Members headed by an Additional District Magistrate to submit a report regarding grant of licence by Zila Panchayat. Learned counsel for the petitioners submits that the said committee constituted by the District Magistrate is a fetter on the power of the Statutory Authority. He submits that under Section 239 of the 1961 Act. Learned counsel for the petitioners submits that the said committee constituted by the District Magistrate is a fetter on the power of the Statutory Authority. He submits that under Section 239 of the 1961 Act. Bye-laws have been framed on 26th November, 2001 which has been gazetted in the Gazette on 9th February, 2002 and under the said bye-laws the Uppar Mukhya Adhikari is the Licensing Authority. A copy of bye-law is filed as Annexure No. 1 to the writ petition. The said bye-laws provides that Uppar Mukhya Adhikari of Zila Panchayat shall be the Licensing Authority under the bye-laws. Learned counsel for the respondent no. 4 submits that the said order has been passed by the District Magistrate on account of the illegal and arbitrary action taken by the Uppar Mukhya Adhikari in passing the order under the bye-laws. He submits that Uppar Mukhya Adhikari has earlier acted wholly illegally against the provisions of bye-laws, hence, the District Magistrate has constituted the committee to monitor the action of the Uppar Mukhya Adhikari. Admittedly, under the bye-laws the Statutory Licensing Authority is Uppar Mukhya Adhikari. From the perusal of the order of the District Magistrate, it is clear that licence can be granted only when Committee submits a report as constituted by the District Magistrate. Thus, the report is a condition precedent for exercise of statutory power, which is nothing but fetter on exercise of power by the Statutory Authority. The District Magistrate being an Appellate Authority can always interfere and correct the order passed by the Uppar Mukhya Adhikari under the bye-laws, the fact that at an earlier point of time the Uppar Mukhya Adhikari passed an erroneous order is not a ground to constitute a committee on whose recommendation the licence can only be issued. Thus, the direction of the District Magistrate in so far as constituting a three members committee is set aside. We, however, make it clear that it is always open for the District Magistrate to correct the orders passed by the Uppar Mukhya Adhikari in exercise of powers or take such action against Uppar Mukhya Adhikari, as permissible under the law. In result, the writ petition is partly allowed and direction for constituting a committee is set aside. The rest of the order dated 15.6.2012 of the District Magistrate is maintained. _____________