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Nafis Ahmad And Others v. State Of U.P. And Others - WRIT - C No. 64759 of 2006  RD-AH 20132 (28 November 2006)
Civil Misc. Writ Petition No. 64759 of 2006
Nafis Ahmad and others. . . . . . . . . . . .. . . . ... . . . . .Petitioners.
State of U.P. and others . . . . . . . . . . . . . . . . . . . . . Respondents.
Hon'ble A.K. Yog,J.
This is a writ petition for quashing the impugned order dated 6.10.2006 ( Annexure -3 to the writ petition ) passed by respondent no. 3 and also for a direction to the respondents to permit the petitioners to conduct cattle market on Tuesday after taking necessary fee etc. from them.
Heard learned counsel for the petitioners as well as the learned Standing Counsel for the respondents.
The matter relates to holding of a cattle market in village Gujjarapur Mauza Taparana District Muzaffarnagar. The petitioners had earlier approached this Court by filing Civil Misc. Writ Petition no. 44011 of 2006
( Nafis Ahmad Vs. State of U.P. and others ) and the said writ petition was finally disposed of with a direction to the petitioner to file a representation within specified time before the competent authority. The petitioner appears to have file an application dated 5.9.2006 before the District Magistrate,Muzaffarnagar, (a copy of which is annexed as Annexure no.2 to this writ petition ).
It appears that the District Magistrate referred the matter to sub-ordinate authorities and obtained a report from the Upper Mukhya Adhikari, Zila Panchayat, Muzaffarnagar ( respondent no. 3 to the writ petition ), who submitted his report dated 6.10.2006 to the District Magistrate, Muzaffarnagar.
As the records stand, it appears that the District Magistrate passed final order on 11.10.2006 and rejected the application of the petitioners. The decision taken by the District Magistrate as well as the report dated 6.10.2006 submitted by the respondent no. 3 were communicated to the petitioners by means of letter dated 19.10.2006 sent by the Upper Mukhya Adhikari, Zila Panchayat, Muzaffarnagar ( page 41 of the writ paper book ). According to the petitioners, copy of the order dated 11.10.2006 passed by the District Magistrate was not enclosed along with the papers communicated to them, hence, they are not in a position to challenge the said order. It is to be noted that the petitioners have filed this writ petition for a writ of certiorari for quashing the impugned order dated 6.10.2006 and also for as writ of mandamus directing the respondents to permit them to hold cattle market on Tuesday ( instead of Monday in respect of which they have been granted licence ). There is no averment in the writ petition that the petitioners had asked for copy of the order dated 11.10.2006 passed by the District Magistrate on their representation and the same has been denied. In absence of any ground to challenge the order dated 11.10.2006 of the District Magistrate and the corresponding relief for issuing a writ of certiorari to quash the said order dated 11.10.2006, we have no doubt that even if the writ petition is allowed and a writ of certiorari is issued quashing the order dated 6.10.2006 ( which is in fact not an order but a report submitted to the District Magistrate) the petitioners will not be benefitted in any manner in as much as order of the District Magistrate dated 11.10.2006 rejecting the representation of the petitioners will remain in tact. In that view of the matter, exercise to entertain this writ petition at this stage will be exercise in futility.
Let the petitioners approach the authority conceded for obtaining a copy of the order dated 11.10.2006 passed the District Magistrate, Muzaffar- -nagar by filing an application within two weeks from today and if such an application is filed, the concerned competent authority or the District Magistrate concerned shall ensure that a copy of the said order dated 11.10.2006 referred to in Annexure-3 to the writ petition is supplied to them within ten days of the receipt of certified copy of this order. The petitioners will be at liberty to seek redressal of their grievance, if they are so advised, after obtaining copy of the said order.
The writ petition is dismissed subject to above observations.
No orders as to costs.
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