MAHAVEER PRASAD PRASAN KUMAR JAIN Vs. TAHSILDAR PONDICHERRY

JUDGEMENT

(1.) THE writ petition is to prohibit the respondents, the Territory of Pondicherry represented by the Collector of Pondicherry, from enforcing the provisions of the Pondicherry Pawn Brokers Act, 1966 as against the petitioner.

(2.) THE petitioner has been carrying on the business of Pawn Broking at villiyanur Road, Nellitope, Pondicherry after obtaining a licence under the pondicherry Pawn Brokers Act, 1966 (Act 11 of 1966 ). The Collector of pondicherry inspected the petitioner's shop on 9-5-1974 and checked some of the account books and also enquired one of the customers. After the said inspection the petitioner was issued with a notice on 10-5-1974, to show cause why action should not be taken against him for those irregularities. The petitioner submitted an explanation. Not being satisfied with the explanation, the Tahsildar, by an order dated 20-5- 1974, cancelled the licence of the petitioner. Aggrieved by the same, the petitioner preferred an appeal to the deputy Collector, Revenue, Pondicherry. Pending the appeal, he prayed for stay which was refused on 31-5-1974. It is at this stage, the present writ petition has been preferred.

(3.) THE only question that is urged in the affidavit in support of the writ petition is that the Pondicherry Pawn Brokers Act, 1966 hereinafter called the Act, is a still-born legislation. The Act was passed by the Legislative Assembly of pondicherry on 3-6-1966. Section 2 (1) of the said Act reads as follows:-