K S ABOO BACKER Vs. STATE

JUDGEMENT

(1.) THOUGH we are inclined to agree with the view taken by the learned single Judge that we should not interfere with the grant of licences to the rival industrialists we cannot refrain from examining the validity of Ext. P4 Government order particularly when the complaint is that that order has been made in violation of the statutory provisions. Ext. P4 dated 25-10-1986 is the order of the State Government which purports to deal with simplification of the procedure for the issue of licences by local bodies for small-scale industries. It is with that object in view that certain instructions have been issued. We are concerned here with two instructions contained in Ext. P4, which we propose to extract for the sake of convenience as follows :

(2.) AS licences might have been granted obeying the direction contained in Ext. P4 we direct that the quashing of the aforesaid clauses in Ext. P4 shall not come in the way of the continuance or the operation of the licences already granted. At the time of renewal of these licences and when an occasion arises hereafter in the matter of granting fresh licence we direct that the clauses struck down by us contained in Ext. P4 shall not be taken into consideration by the licensing authority. In the result, the judgement of the learned single Judge is set aside to the extent indicated above. The appeal accordingly thus stands disposed of. No costs. Appeal allowed.