Allahabad High Court
ATIKURRAHMANversusState of UP AND 6 OTHERS
- Decided
Holding
The Court did not quash the impugned order but disposed of the petition, allowing the petitioner to file a fresh representation and directing respondent No. 4 to decide it within four weeks.
Summary
The petitioner, Atikurrahman, filed a writ petition seeking a certiorari to quash an order dated 05‑09‑2024 passed by respondent No. 4 concerning permission to run a local Tuesday market. The petitioner argued for a direction to allow filing a fresh representation before respondent No. 4 and for a time‑bound decision on that representation. Respondent No. 4 contended that any such representation, if filed, would be considered and decided at the earliest. The Court, after hearing counsel, declined to adjudicate the merits of the original order and instead disposed of the petition, granting the petitioner liberty to file a fresh representation with a certified copy of the order within two weeks, and directing respondent No. 4 to decide the matter within four weeks. No substantive merits of the original order were addressed.
Issues considered
- Whether the order dated 05‑09‑2024 passed by respondent No. 4 can be quashed by a writ of certiorari.
- Whether the petitioner should be directed to file a fresh representation for permission to run a local Tuesday market and for a time‑bound decision on such representation.
Subjects
- certiorari
- writ petition
- administrative law
- local market permission
- representation
- time‑bound decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35582 of 2024
Atikurrahman
.....Petitioner(s)
Versus
State Of Up And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Navin Kumar Srivastava
Counsel for Respondent(s) : Aditiya Kumar Singh, Arun Kumar
Pandey, C.S.C., Mohan Yadav, Suneel
Kumar Mishra
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner, learned standing counsel for
State-respondents and Sri Aditya Kumar Singh, learned counsel for
respondent no. 4.
2. Present petition has been filed seeking following relief:-
"i). Issue a writ, order or direction in the nature of certiorari by quashing the impugned
order passed by respondent no. 4, dated 05.09.2024."
3. After some argument, learned counsel for the petitioner submitted that
petitioner may be permitted to move fresh representation before respondent
No.4 for grant of permission for running local Tuesday Market. Lastly, it is
submitted that a direction may be issued to respondent No. 4 to decide the
representation within a stipulated time.
4. Learned counsel for respondent no. 4 submitted that in case any such
representation is filed, the same shall be considered and decided at the
earliest.
5. In view of the facts and circumstances of the case, the writ petition is
disposed of with liberty to petitioner to move fresh representation along
with certified copy of this order before respondent No. 4 within two weeks
from today. In case any such representation is filed, respondent No. 4 is
directed to decide the same in accordance with law maximum within a
WRIC No. 35582 of 2024
2
period of four weeks thereafter.
6. It is made clear that this Court has not adjudicated the case on merits. It is
upon respondent No. 4 to pass order after considering the relevant Rules as
well as facts of the case.
(Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
May 5, 2026
Sartaj
Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad
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