HUTCHAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though this, Petition is posted for orders by, consent of parties, it is taken up for final hearing as it involves a short point

(2.) In this Petition under Article 226 of the Constitution, the Petitioner has sought for quashing the order dated 12th November 1981 passed by the Registrar General of Money Lenders and Pawn Brokers in Karnataka refusing to renew Money Lenders Licence for the year 1980, and also the order dated 18/19-2-1981 bearing No. RML. 2776/80-81 passed by the Registrar of Money Lenders, Bangalore City. It is not in dispute that the application for renewal has been filed beyond the time. Under Rule 5(2) of the Karnataka Money Lenders Rules, 1965 (hereinafter referred to as the Rules), an application for renewal of licence is required to be made on any day within two months prior to the expiry of the licence. The authority has dismissed the application on the ground that the application is filed beyond the time. Therefore, it | need not be enquired into.

(3.) Thus the aforesaid provision makes it clear that an application filed under Section 6 of the Act, is required to be enquired into and disposed of in accordance with the above provision. That being so, an application filed under sub-section (4) of Section 6 of the Act, even though it is beyond the time, if it is accompanied by a licence fee at double the rate as specified, is an application for the purpose of Section 7 of the Act, and it has to be enquired into and disposed of in accordance with the provisions contained in Section 7 of the Act. It is also not in dispute that the application has been rejected without holding an enquiry.