NUSRAT BANO vs STATE OF UTTARAKHAND AND OTHERS

The petitioner is a “Gram Pradhan†of Village Panchayat, Sahaspur, District Dehradun. According to the petitioner, for the last thirty to forty

years, weekly “Haat Bazaar†is being held on every Sunday in her village. Now a new Panchayat, namely, Shankarpur has been formed, which is

having its week “Haat Bazaarâ€​ also on Sundays, which is adversely affecting the “Haat Bazaarâ€​ of petitioner’s village.Â

As per Section 23 of the Uttarakhand Panchayati Raj Act, 2016, one of the functions of the Gram Panchayat is that “subject to such conditions

as may be specified by the State Government from time to time, a Gram Panchayat shall perform the following functions, namely, regulation of melas,

markets and Hats in Panchayat areas.Â

Thus, it is clear that under the provisions of the aforesaid Act, it is the village who has got the powers to hold “Haat Bazaar†and this right is

vested with the particular Village Panchayat and if the newly created Village Panchayat has decided to hold its own “Haat Bazaar†on Sunday,

there is absolutely no illegality in the same, and therefore, no interference can be made by this Court.

Consequently, the relief as sought by the petitioner cannot be granted. The writ petition fails and it is hereby dismissed in limine.