Uttarakhand High Court
Makaroob vs State Of Uttarakhand And Others on 29 August, 2022
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
29th AUGUST, 2022
Special Appeal No.290 OF 2022
Makaroob ...... Appellant
Vs.
State of Uttarakhand and others ...... Respondents
(2) Special Appeal No.291 OF 2022
Shoukat Qureshi ...... Appellant
Vs.
State of Uttarakhand and others ...... Respondents
(3) Special Appeal No.292 OF 2022
Mohammed Shakir Qureshi ...... Appellant
Vs.
State of Uttarakhand and others ...... Respondents
(4) Special Appeal No.293 OF 2022
Iqbal ...... Appellant
Vs.
State of Uttarakhand and others ...... Respondents
Presence: -
Mr. Dushyant Mainali, learned counsel for all the appellants.
Mr. Anil Bisht, learned Additional Chief Standing Counsel for the
State of Uttarakhand-respondent nos.1 to 3.
Mr. B.S. Negi, learned counsel for respondent no.4.
JUDGMENT: (Per Shri R. C. Khulbe, J.)
Delay Condonation Applications (IA/2/2022)
In view of the grounds stated and particularly
in view of there being no objection by the respondents,
the applications seeking condonation of delay are
allowed. Delay in filing all these appeals is, accordingly,
condoned.
SPA Nos.290, 291, 292 and 293 of 2022
2. Since all these appeals have been filed
challenging the common order passed by a learned
Single Judge of this Court, hence these are being taken
up together and decided by this common judgement.
3. These special appeals challenge a common
judgement and order dated 18.05.2022 passed by the
Single Judge in Writ Petition (M/S) Nos.3121, 3125,
3126 and 3127 all of 2018.
4. In brief, facts of these appeals are that the
appellants-writ petitioners were running Butcher
shop(s) at Uttarkashi in accordance with Licence(s)
issued by Zila Panchayat, Uttarkashi under the Uttar
Pradesh Kshettra Panchayat And Zila Panchayat Act,
1961. The licence issued by Zila Panchayat was being
renewed annually, and on 13.07.2018, the licence(s) of
the petitioners were renewed till the period of
31.03.2019. Suddenly, on 09.10.2018, some police
personnel from Police Station, Uttarakashi reached at
the shop of the appellants-writ petitioners, forced them
to put signatures on certain documents and also
directed to close their shops. When the appellants-writ
petitioners tried to explain that they were legally
running their shops, appellants were informed that the
licences issued in their favour had been cancelled by the
Zila Panchayat, Uttarkashi.
5. Challenging the said order, appellants
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knocked the door of Writ Court, which has dismissed
their petitions on the ground of petitioners having an
alternate remedy.
6. We have learned Counsels for the parties and
perused the entire documentary evidence available on
record.
7. Before proceeding any further, it would be apt
to reproduce the order passed by the learned Single
which reads as under: -
"The license to run the butchers shop at the
relevant point of time was issued by the
competent authority of Zila Panchayat, while
exercising its powers under Section 143 of U.P.
Kshetra Panchayat and Zila Panchayat, 1961.
The action which has now been taken by the
impugned order of cancelling the license of the
petitioner, for the set of allegations mentioned in
the impugned order, as it has been passed by
the Tax Inspector/Revenue Inspector of the Zila
Panchayat, Uttarkashi, which later on has been
declared as to be a municipal area and hence,
the impugned order of cancellation of the
license, would be governed by the provisions of
Uttarakhand Municipality Act, 1916. The right
vested with an authority under the Act of 1916,
for issuing of the licenses for slaughter houses or
the licenses for selling meat has been
contemplated under section 60(A) of the Act and
as against the action taken for suspending or
withdrawing of permission granted as
contemplated under clause (b) of 60A of the Act;
a right of appeal has been conferred under
section 61 from the orders of the executive
officers as well as that of the medical officer of
health too as it happens to be in the present
case in the light of the provisions contained
under section 60(A).
In view of there being the statutory remedy
available to the petitioner under section 60(A) of
the Act, the writ petitions are dismissed with the
liberty left open for the petitioner to resort to an
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appropriate remedy of approaching the appellate
authority under section 61 of the Act; for the
redressal of his grievances as against the
cancellation of his license for running a butchers
shop or a slaughter house.
Subject to the aforesaid exceptions, the
writ petitions stand dismissed."
8. It is argued by learned counsel that the
appellants were running their meat shops in terms of a
valid licence issued by Zila Panchayat. Neither the Zila
Panchayat nor the Municipality made any inspection of
the shop. However, the respondent No.4-Tax/Revenue
Inspector, Zila Panchayat, Uttarkashi has cancelled the
licence of petitioners allegedly on the basis of some
complaint made by local people, which is illegal. Since
the license was issued by the Zila Panchayat,
Uttarkashi, and by the impugned order, license for
running the shop was cancelled by the Tax/Revenue
Inspector, Zila Panchayat, accordingly, the appellants
are deprived to file the appeal before the authority as
per Section 61 of Uttarakhand Municipality Act, 1916.
The Single Judge did not notice this fact while passing
the impugned order.
9. On the other hand, learned counsel for the
respondents supported the impugned order.
10. It is an admitted fact that the licence(s) was
issued to the petitioners by the Zila Panchayat for the
period 13.7.2018 till 31.03.2019, which was cancelled
vide order dated 09.10.2018 passed by the Revenue
Inspector, Zila Panchayat, Uttarkashi. It shows that
neither the licence was granted nor cancelled by any
authority of the Nagar Palika, Uttarkashi. The area,
where the petitioners were running their shops, fall
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within the jurisdiction of Municipality, however, the
petitioners, in view of the impugned order, have
become remediless since they have been deprived to
file appeal under Section 61 of the Uttarakhand
Municipalities Act, 1916.
11. Moreover, the licence issued to the petitioners
was valid till 31.03.2019, accordingly, we cannot direct
the authority concerned to renew the said licence at this
stage. The learned Single Judge, however, did not
notice this fact while dismissing the petition on the
ground of appropriate remedy available to the
petitioners. Hence, on this ground, the order passed by
the learned Single Judge is not sustainable and is liable
to be set aside.
12. Accordingly, all these appeals are allowed.
The common order dated 18.05.2022 passed by the
learned Single Judge of this Court, impugned in these
appeals, is hereby set aside. Since the shops of the
petitioners fall within the jurisdiction of the municipal
area, and the licence(s) issued to them was valid up to
31.7.2019, accordingly, the appellants-writ petitioners
would be entitled to move an application before the
Municipal Authority in accordance with law seeking
issuance of licence or its renewal.
13. Pending application, if any, stands disposed
of.
________________
VIPIN SANGHI, C.J.
________________________
RAMESH CHANDRA KHULBE, J.
RB
