PRAMOD KUMAR KATHAK Vs. DISTRICT SUPPLY OFFICER SHAHJAHANPUR

JUDGEMENT

(1.) The petitioner has come up with a prayer to declare last portion of the proviso to clause 4 (c) of the Control Order as ultra vires to Article 19 (1) (g) of the Constitution of India which reads thus : "No application for renewal of a licence shall be entertained after sixty days of the date of expiry of the licence under any circumstances."

(2.) Sri Ramendra Asthana learned counsel appearing on behalf of the petitioner contended that as Article 137 of the Indian Limitation Act prescribes a period of three years limitation, thus the curtailment of three years period to a period of sixty days only has infringed the petitioner's rights to trade and profession as guaranteed under Article 19 (1) (g) of the Constitution of India.

(3.) To a question put by us as to whether the provisions of the Indian Limitation Act, 1967, are applicable to the authorities under the Control Order?. Mr. Asthana very fairly takes up a stand that they are not applicable.