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Sunit Kumar v. State of U.P. - WRIT - C No. 60527 of 2005 [2005] RD-AH 2805 (13 September 2005)


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).


Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

The impugned order dated 16.8.2005 (annexure 8 to this writ petition) has attempted to distinguish the case of Nand Lal decided by a Division Bench of this Court and reported in 2002(1) AWC 781 on the ground that Nand Lal the petitioner in that case had been granted license in 1986 which was renewed up to 1991 and therefore the license sought by Nand Lal was not a fresh license but amounted  to renewal.  It appears that while passing the said impugned order dated 16.8.2005 the respondent no. 2 has failed to appreciate paragraphs 4, 17 and 18 of Nand Lal's case.  These paragraphs indicate that the Division Bench while deciding that matter had not treated Nand Lal's case as case of renewal but had treated the same as case for grant of fresh license.

In view of the above, we allow this writ petition and quash the impugned order dated 16.8.2005 (annexure 8 to this writ petition).  The matter will be considered fresh by the respondent no. 2 within one month of the date on which a certified copy of this order is presented before the respondent no. 2.

The writ petition is allowed as above.




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