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Allahabad High Court

MOHD ASIF AND ANOTHERversusSTATE OF UP AND 4 OTHERS

Decided

Holding

The Court held that it could direct the Chief Executive Officer, Zila Panchayat, Bareilly, to dispose of the pending representation for licence renewal within a month.

Summary

The petitioners, Mohd Asif and another, filed a writ petition under Article 226 of the Constitution seeking a direction to the State for renewal of their market licence for Gata No.79 & 100, Ward No.12, Kasba/Nagar Panchayat, Shergarh, Bareilly. The respondents, the State of Uttar Pradesh and others, did not oppose the relief sought. The Court noted that the standing counsel for the State had no objection to a direction being issued to the competent authority to consider the pending representation filed by the petitioners on 19.03.2026. Consequently, the Court directed the Chief Executive Officer, Zila Panchayat, Bareilly, to dispose of the pending representation in accordance with law, preferably within one month of receiving a certified copy of the order. The writ petition was therefore disposed with the said direction. The decision rests on the Court’s inherent power under Article 226 to issue directions to public authorities to ensure timely administrative action.

Issues considered

  • What relief can be granted under Article 226 for renewal of a market licence?
  • Can the High Court direct a Zila Panchayat officer to dispose of a pending representation within a specified time?

Subjects

  • Article 226
  • writ petition
  • license renewal
  • market licence
  • administrative law
  • public authority direction
  • Zila Panchayat

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 15447 of 2026

                                    Mohd Asif And Another
                                                                                                            .....Petitioner(s)
                                                                            Versus
                                    State Of Up And 4 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Rahul Kumar Jadaun, Upasana Singh Jadaun
                                    Counsel for Respondent(s)           :   C.S.C.

                                    Court No. - 1
                                                          HON'BLE AJIT KUMAR, J.
                                                          HON'BLE INDRAJEET SHUKLA, J.

                                    1. Heard Sri Rahul Kumar Jain, learned counsel for the petitioner and Shri
                                    Anubhav Chandra, learned Standing Counsel for the State respondents.

                                    2. By means of this petition under Article 226 of the Constitution of India, the
                                    petitioners have prayed for a direction upon respondent no.4 for renewal of
                                    license to run market in Gata No.79 & 100, Ward No.12 Kasba/Nagar
                                    Panchayat Shergarh, Bareilly.

                                    3. Learned Standing Counsel does not have any objection in the event a
                                    direction is issued to the competent authority to dispose of the pending
                                    representation of the petitioner dated 19.03.2026.

                                    4. Accordingly, the writ petition is disposed of with the direction to the Chief
                                    Executive Officer, Zila Panchayat, Bareilly to dispose of the pending
                                    representation of the petitioner dated 19.03.2026 in accordance with law, as
                                    expeditiously as possible, preferably within within a period of one month from
                                    the date of presentation of certified copy of this order before it.

                                    April 23, 2026
                                    S.P.
                                                                               (Indrajeet Shukla,J.) (Ajit Kumar,J.)




Digitally signed by :-
SANJAY PURI
High Court of Judicature at Allahabad


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