Petitioner sought a mandamus restraining respondent from interfering with her weekly market rights. Court noted a lower order restricting the market dates and granted liberty to challenge that order before disposing of the petition.
Liberty reserved to challenge the lower order; petition disposed of.
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Court No. - 21
Case :- WRIT - C No. - 6963 of 2022
Petitioner :- Smt. Bhuri Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant writ petition has been filed praying for a mandamus commanding respondent no.3 not to interfere in the right of the petitioner in holding weekly market on Wednesday and Sunday over Gata No. 189 situated in Village Bhakrauli, Pargana Rajpura, P.S. Gunnaur, Tehsil Dhanari, District Sambhal.
During the course of hearing of the petition, an order said to have been passed by S.D.M. Sunnaur, Sambhal dated 15.03.2022, has been placed before us whereby the petitioner has been permitted to hold weekly market or any date except Sunday and Wednesday.
Learned counsel for the petitioner contended that the petitioner has been holding weekly market on Wednesday and Sunday over her plot since a long time.
In case, the petitioner feels aggrieved by order dated 15.03.2022 it is open to her to challenge the said order as without said order being subjected to challenge, it would not be possible for us to grant any relief in the instant petition.
Accordingly, with the aforesaid liberty reserved in favour of the petitioner, the instant petition stands disposed of.
Order Date :- 30.3.2022 Imroz
(Dr. Y. K. Srivastava, J.) (Manoj Kumar Gupta, J.)
Digitally signed by MOHAMMAD IMROZ KHAN Date: 2022.03.31 16:52:27 IST Reason: Location: High Court of Judicature at Allahabad
Smt. Bhuri Devi
State Of U.P.
Manoj Kumar Gupta
Yogendra Kumar Srivastava
As recorded by the court registry
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