RASHID AHMED Vs. MUNICIPAL BOARD KAIRANA OPPOSITE PARTY; AND UNION OF INDIA AND STATE OF UTTAR PRADESH

JUDGEMENT

(1.) I am reading the judgment of the Court.

(2.) This is an application under Art. 32 of the Constitution of India made by Rashid Ahmed for enforcement of his fundamental right to carry on his business which is said to have been completely stopped by the respondent the Municipal Board of Kairana. The facts shortly are as follows:

(3.) The petitioner is an Artia (commission agent) carrying on wholesale business in vegetables and fruits at Kairana in the District of Muzaffarnagar in the State of Uttar Pradesh. He has been carrying on this business for the last two years at a rented shop in bazar Jame Masjid in the town of Kairana. Until recently there were no bye-laws of the respondent Board regulating the sale of vegetables and fruit within the limits of the municipality. In march 1949 the respondent Board published certain proposed bye-laws made under S. 298, U. P. Municipalities Act, 1916. These bye-laws were passed by the respondent Board on 19th April 1949. After confirmation by the commissioner these bye laws came into operation on and from 1st January 1950 In anticipation of these new bye laws coming into effect the respondent Board on 21st May 1949 auctioned 'the contract for wholesale of vegetables', presumably meaning thereby the monopoly right to do wholesale business on vegetables. The contract was given to one Habib Ahmad, who was the highest, or three years at and for Rs. 72,750-0-0 payable in equal quarterly instalments in advance. On 31st December 1949, respondent Board notified a place near Police Post Imam as the market for wholesale purchase and sale of vegetables and fruits. The petitioner applied for a license to carry on his wholesale Aratia business at his shop. On or about 22nd December 1949, the respondent Board by resolution No.188 rejected the petitioner's application. This decision was communicated to the petitioner on 9th February 1950. The order of the Chairman of the respondent Board was in these terms: