K N SRINIVASACHARI Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioners are goldsmiths carrying on their profession at Robert- sonpet in the Kolar Gold Fields. In these petitions under Art.226 of the Constitution, they have prayed for-(i) a declaration that Ss.7, 8, 10 & 11 of the Mysore Mines Act, 1906 are illegal, ultra vires and unconstitutional; (ii) quashing the licenses issued to them by the Ex-officio I Class Magistrate, Kolar; and (iii) a mandamus directing the State of Mysore not to interfere with their carrying on their profession as goldsmiths.

(2.) In order to appreciate the contentions of these petitioners, it is necessary to set out certain provisions of the Mysore Mines Act, and the conditions of the license which goldsmiths are required to take in. order to carry on their profession in the Kolar Gold Fields.

(3.) The Mysore Mines Act, 1906, was enacted by His Highness the Maharaja of Mysore, the then Ruler of the fomer of State of Mysore. That Act was intended to consolidate and amend the law relating to mines in the State. S.7 of that Act provided that it shall not be lawful for any person to buy or sell unwrought gold or to receive unwrought gold by way of barter or pledge without a gold dealer's license, nor to carry on the profession of a goldsmith without a goldsmith's license as provided in that Act.