Uttarakhand High Court
Naim Ahmad vs State Of Uttarakhand And Others on 1 August, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 1111 of 2025 (M/S)
Naim Ahmad ..........Petitioner
Versus
State of Uttarakhand and others .......... Respondents
Present : Mr. Ghanshyam Joshi and Mr. Mohd. Azim, Advocates for the
petitioner.
Mr. Mahendra Singh Bisht, Brief Holder for the State/respondent
no.1.
Mr. Vipul Sharma, Advocate for respondent no.2.
Mr. Sanjay Kumar, Advocate for the respondent no.3.
With
Writ Petition No. 1122 of 2025 (M/S)
Mohd. Javed ..........Petitioner
Versus
State of Uttarakhand and others .......... Respondents
Present : Mr. Ghanshyam Joshi and Mr. Mohd. Azim, Advocates for the
petitioner.
Mr. Mahendra Singh Bisht, Brief Holder for the State/respondent
no.1.
Mr. Vipul Sharma, Advocate for respondent no.2.
Mr. Sanjay Kumar, Advocate for the respondent no.3.
Hon'ble Ravindra Maithani, J. (Oral)
Counter affidavit filed on behalf of respondent no. 2 in
WPMS No.1111 of 2025 and counter affidavit filed on behalf of
respondent no. 2 in WPMS No. 1122 of 2025 are taken on record.
Misc. Application (IA) Nos.3 of 2025 and 3 of 2025 respectively,
stand disposed of accordingly.
2. Since common question of facts and law involved in
both these writ petitions, they are heard together and are being
decided by this common judgment.
3. Heard learned counsel for the parties and perused the
record.
4. The challenge in both these petitions is made to the
license granted to the private respondents in both these petitions
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by the respondent no.2/Zila Panchayat, Udham Singh Nagar (“the
Zila Panchayat”) for organizing Haat Bazar, once in a week.
5. It is the case of the petitioners that they are the
Administrators of their respective Villages Gram Panchayat. They
came to know that within their village territory, some outsiders
have been organizing Haat Bazar; after inquiry, it was revealed that
the Zila Panchayat has granted license to the private respondents,
without notice to the respective Gram Panchayats. It is the case of
the petitioners that Zila Panchayat has no authority to grant license
for organizing Haat Bazar, within the territory of the petitioners’
Gram Panchayats. Therefore, challenge is made to the licenses that
were granted to the private respondents in both these petitions, by
the Zila Panchayat.
6. The respondent no.2/Zila Panchayat has filed its
counter affidavit. Inter alia it is pleaded that the petitions are not
maintainable because the Gram Sabha is not impleaded as party.
According to the Zila Panchayat, under Section 106 of the
Uttarakhand Panchayati Raj Act, 2016 (“the 2016 Act”), the Zila
Panchayat is empowered to grant such licenses on private or public
land.
7. The private respondents though represented, but have
not filed any counter affidavit.
8. Learned counsel for the petitioners submits that within
the petitioners’ Gram Panchayat territory, licenses have been
granted by Zila Panchayat without any authority; no public notice
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was issued; the licenses were issued in most opaque manner and
without any authority.
9. Learned counsel for the Zila Panchayat submits that
under Section 106 of the 2016 Act, Zila Panchayat has framed Bye-
Laws with regard to organizing Haat, etc. and Clause 18 of the Bye-
Laws applies in the instant case, which is with regard to grant of
license for organizing market in the private land. It is argued that
the Zila Panchayat has not discriminated in grant of license, even
if, the petitioners approach the Zila Panchayat, they may also be
granted licenses. He submits that the public notice is necessary for
organizing markets, when such markets are to be organized on any
public land. It is argued that in the instant case, the private
respondents did seek permission to organize market once in a week
in their own land and as per Clause 18 of the Bye-Laws framed by
Zila Panchayat under Section 106 of the 2016 Act, such licenses
have been granted. He also referred to the principle of law, as laid
down by the Division Bench of this Court in Special Appeal No.50 of
2020, Sukhdev Singh vs. State of Uttarakhand and others, to argue
that, in fact, the Zila Panchayat jurisdiction in such matter has
already been upheld. He also submits that the respective Gram
Panchayats in the instant case, has no Bye-Laws. Therefore, the
action of the respondent no.2/Zila Panchayat may not be
questioned.
10. Learned counsel for the private respondents in both the
petitions submits that the private respondents have obtained
licenses, as per Rules by payment of fee, on their own land for
organizing market.
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11. Section 106 of the Act empowers the Zila Panchayat to
frame its Bye-Laws and it also makes separate head, under which,
such Bye-Laws may be made. Head ‘D’ relates to Bye-Laws relating
to Markets, slaughter-houses, sale of food, etc. This issue, in fact,
has already been settled by this Court in the case of Sukhdev
Singh(supra). In the case of Sukhdev Singh (supra), this Court has
interpreted the provisions of the law on this aspect and observed as
hereunder:-
“8. Section 106(2) of the 2016 Act relates to matters for which
a Zila Panchayat has been conferred power to make bye-laws.
Head “D”, in Section 106(2) of the 2016 Act, relates to markets,
slaughter-houses, sale of food etc, and clause (a) thereunder
prohibits the use of any place as a slaughter-house, or as a market
or shop for the sale of animals intended for human food or of
meat, or of fish, in default of a licence granted by the Zila
Panchayat or otherwise than in accordance with the conditions of
a licence so granted. Sub-clause (e) of Head “D”, in Section 106(2)
of the 2016 Act , empowers the Zila Panchayat to prescribe
conditions subject to which the areas or locality in respect of
which licences for the purposes of sub-head “D” may be granted,
refused, suspended or withdrawn. Section 104 of 2016 Act. relates
to the powers, functions and duties of the Zila Panchayat and,
under Section 104(9), a Zila Panchayat has been conferred the
power to categorize as a Haat market, a Haat of a Gram Panchayat
market and Zila Panchayat Haat market for working of Haats and
markets in rural areas.
9. On a conjoint reading of Section 104(9) with Section 106(1)
and 106(2) D (a) and (e) of the 2016 Act, the Zila Panchayat
appears to have been conferred the power to grant a license for
running of a Haat market. While it is true that, besides Section
106(2) of the 2016 Act, the bye-laws framed by the Zila Panchayat
also traces its power to the 1961 Act which has since been
repealed, it is settled law that, as long as power exists, mere
quoting of a wrong provision would not denude the authority of the
power to frame bye-laws. (Pine Chemicals Ltd. v. Assessing
Authority : (1992) 2 SCC 683).
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10. The power of the Gram Panchayat to frame bye-laws, under
Section 22(1)(xii), Section 46(5)(d) and Section 46 (11) of the 2016
Act is traceable to Section 29(2) and, in view of Section 125 (b), it
appears that any bye-laws, to be framed by the Gram Panchayat,
requires approval of the Zila Panchayat concerned. It is
unnecessary for us, however, to dwell on this issue, since it is not
in dispute that the subject Gram Panchayat has not made any
such bye-laws till date and, unless and until the bye-laws framed
by the Zila Panchayat, are held illegal, the said bye-laws would
operate and govern the grant of licenses for running of Haat
markets in the rural areas of the concerned district.”
12. During the course of hearing, learned counsel for the
Zila Panchayat has referred to the Bye-Laws framed under Section
106 of the 2016 Act to argue that Clause 2 to 6 of the Bye-Laws
relate to holding of markets on public place. He submits that for
those licenses, public notice is required to be given. But, he further
refers to Clause 18 of the Bye-Laws framed under Section 106 of
the 2016 Act by the Zila Panchayat to argue, that in case license is
sought for holding market on private land, in such eventuality
public notice is not required. It is argued that in both the instant
matters licenses were given for holding market on private land.
13. In fact, Clause 18 of the Bye-Laws has framed under
Section 6 of the 2016 Act makes provisions for grant of license for
organizing markets in the private land. It has some procedure given
under this Clause 18. It does not stipulate to give any public notice,
whereas Clause 2 to 6 of the same Bye-Laws makes provisions of
auction for organizing market at public places.
14. Admittedly, in the instant case, the private respondents
have been granted licenses to run market in their private properties
which, in view of the foregoing discussion have been granted in
accordance to the provisions of the Bye-Laws framed by the Zila
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Panchayat under the 2016 Act. Therefore, there is no reason to
make any interference. Accordingly, the petitions deserve to be
dismissed.
15. The petition is dismissed, accordingly.
(Ravindra Maithani, J.)
01.08.2025
Sanjay
SANJAY
Digitally signed by SANJAY KANOJIA
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ou=HIGH COURT OF UTTARAKHAND,
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KANOJIA
st=UTTARAKHAND,
serialNumber=26EEB7122ED0DD23233A255DD8EC45
0A84B515A087CAEFD1B3179A7DEAE40699,
cn=SANJAY KANOJIA
Date: 2025.08.04 19:02:31 +05’30’