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BABAR AHMAD ABBASI versus STATE OF U.P. THRU' PRINCIPAL SECY. & OTHERS

High Court of Judicature at Allahabad

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Babar Ahmad Abbasi v. State Of U.P. Thru' Principal Secy. & Others - WRIT - C No. 54923 of 2005 [2006] RD-AH 7505 (10 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

Heard learned counsel for the petitioner and the learned Standing Counsel for the respondents.

The order dated 16/3/2005 by which the application for relocation of the saw mill of the petitioner, which has been renewed from time to time has been rejected on the ground that petitioner had purchased the saw mill on 11/2/2004 from one Sri Raj Narain Sharma who did not get his license of saw mill renewed after 1983. Petitioner applied for renewal of the license with retrospective effect, i.e. with effect from 1983 and submits that as the license has been renewed, the application for reallocation should not have been rejected.  We do not find any force in the said submission, as there can not be any provision for renewal with retrospective effect and that too after the expiry of 20 years. Therefore, we do not find any illegality in the order impugned and the petition is liable to be dismissed.

In the facts and circumstances of the case, in case the petitioner applies for grant of license of the saw mill afresh at the place where he had applied for re-location of the saw mill, his application may be considered and disposed of expeditiously in accordance with law.

Subject to the observations made above, the writ petition stands disposed of.  

10.04.2006

SB-54923-05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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