STATE OF U P Vs. BHARAT NATH SETH

JUDGEMENT

(1.) THE State of Uttar Pradesh is the appellant. It is ag grieved against the decision of a learned Single Judge holding that the enhancement of the licence fee from Rs. 4/- to Rs. 10/-under the Stone Mahal Rules was invalid.

(2.) SECTION 6 (2) of the Mirzapue Stone Mahal Act, 1886 provides that a per son may, so far as the rules made under this Act permit, acquire an exclusive right to open quarry, or quarry stones, within certain local limits in any part of the district and may retain the right so long as these rules permit the same. Section 7 .clause (c) of this Act authorised the local Government to frame rules regarding the conditions on the fulfillment of which a person is to acquire an exclusive right of opening a quarry, or quarrying stone, within certain local limits and how that right will cease to exist. In exercise of this power the local Govern ment framed the Stone Mahal Rules, 1944. Rule 8 of the Rules provided that no per son shall prospect for a stone quarry or open a new quarry or work an existing quarry ei ther in person or through an agent, unless he is duly authorised to do so by a licence granted by the Superintendent. The fee for such licence shall be Rs.... per annum. The licence shall be in form No. I annexed. The licence shall be in force for the financial year (April 1 to March 31) in which they are issued and must be issued duly on the payment of the fee.

(3.) INITIALLY the licence fee was Rupee I/- per year. In 1944 it was enhanced to Rs. 21- per annum; and in the year 1954 it was enhanced to Rs. 4/- per annum. On 2nd January, 1963, the State Government published a notification proposing to enhance the fee of Rs. 10/-. Objections were invited by 30th January, 1963. The District Stone Traders Association, of which the res pondent was a member, Bled objections but the objections were unsuccessful. The State Government ultimately fixed the licence fee at Rs. 10/-. This fixation was challenged by the respondent by a writ petition in the Court.