Chief Justice's Court Case :- WRIT - C No. - 40427 of 2010 Petitioner :- Murari Lal Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Ashutosh Upadhyay Respondent Counsel :- C.S.C. Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
The petitioner was an existing licence holder of a Saw Mill, which is being
run in a rented premises. Before expiry of the period of licence, the petitioner
applied for renewal by an application dated 24.12.2009. The petitioner
received a notice dated 30.1.2010 by which he was asked to submit an
explanation to the objection filed by the respondent no. 5 against the renewal
of the licence. The petitioner has submitted his reply on 3.2.2010. However,
the respondent no. 2 did not renew the licence of the petitioner and in the
meantime the respondent no. 3 seized the saw mill of the petitioner on
22.5.2010. On account of failure of the respondent no. 2 to renew the licence
of the petitioner, the present petition has been filed.
Notice on behalf of respondent no. 5 is dispensed with in view of the nature of
the order that is proposed to be passed. Nothing has been demonstrated on
behalf of respondent nos. 1 to 4 with regard to any obligation to obtain no
objection from the landlord. Even if there is a proceeding for eviction initiated
by the landlord against the petitioner, nothing has been shown to us, which
permits the respondent nos. 1 to 4 to deny the renewal of the licence.
Considering the controversy involved herein, we direct the respondent no. 2 to
dispose of the petitioner’s representation/application dated 1.6.2010 in
accordance with law after hearing the petitioner and respondent no. 5 within a
period of 15 days from the date of production of a certified copy of this order
before him.
Learned counsel for the petitioner has drawn our attention to Rule 7 of the
U.P. Establishment and Regulation of Saw-Mills Rules, 1978 whereby on
failure of 60 days from the date of receipt of the application regarding renewal
of licence, the licence shall be deemed to have been renewed for a period of
three years. Respondent no. 2 shall also take into consideration the impact of
the said Rule while considering the direction of this Court.
The petition stands disposed of accordingly.
(A.P. Sahi,J) (F.I. Rebello,CJ) Order Date :- 14.7.2010 RK