Shayarun Bi vs State Of Uttarakhand & Others

Pankaj Purohit, J

At the outset, learned counsel for the petitioner submits that he does not wish to press prayer no.(i), whereby the allotment made in favour of respondent no.5 was sought to be quashed.

Accordingly, writ petition is dismissed as not pressed insofar as prayer no.(i) is concerned.

The writ petition has been filed by the petitioner on the premise that she owns bhoomidhari land comprised in Khasra No. 240/1 situated at Village Barkhera Pande, Tehsil Kashipur, District Udham Singh Nagar.

Earlier, petitioner's husband was granted a licence by respondent-Zila Panchayat for running a Hat Bazar over the said land for a long period. A similar controversy had arisen between the petitioner's husband and the Zila Panchayat, in respect of which Writ Petition (M/S) No. 366 of 2010, Hazi Naseem Ahmad vs. State of Uttarakhand & Others, was filed by the petitioner's husband. The said writ petition was allowed, and respondent-Zila Panchayat was directed to issue a licence for running the Hat Bazar to the petitioner's husband. He continued to run the Hat Bazar till his death due to the Covid pandemic on 21.05.2021. Thereafter, petitioner, being the widow of Hazi Naseem Ahmad, moved an application before respondent-Zila Panchayat on 11.03.2026 requesting grant of a licence to run the Hat Bazar over her bhoomidhari land. The said application has not been considered till date. However, respondent no.5 has been granted a licence by respondent-Zila Panchayat to run a Hat Bazar over his own land.

Learned counsel for the petitioner submits that there is no legal bar to the grant of licence to more than one person, as has been held by this Court on an earlier occasion in the aforesaid writ petition. He further submits that the application dated 11.03.2026 seeking grant/renewal of a licence to run the Hat Bazar is still pending consideration and if a direction is issued to respondent-Zila Panchayat to decide the said application within a stipulated time, the ends of justice would be met.

There is no opposition on behalf of respondent-Zila Panchayat if such an order is passed by this Court.

Accordingly, writ petition is finally disposed of with a direction that respondent no.3, AMA, Zila Panchayat, Udham Singh Nagar, shall take a decision on petitioner's application dated 11.03.2026, annexure-6 to the writ petition, as expeditiously as possible, but not later than three weeks from the date of production of a certified copy of this order, strictly in accordance with law and keeping in view the fact that the petitioner is the widow of the earlier licence holder.

Pending application, if any, stands disposed of accordingly.