RAM ADHAR Vs. DISTRICT BOARD OF ALLAHABAD

JUDGEMENT

(1.) THESE Special Appeals against the orders passed in writ petitions under Article 226 of the constitution have been filed by various kankar-lime kiln owners. The District Board of allahabad has under the bye-laws enhanced the licence fee for running a lime kiln from Rs. 5/to rs. 50/ -. The above noted amendment to the bye-laws was printed in the U. P. Gazette dated 1-12-1951. Some of the applicants who owned these kilns did not take out a license as required under Notification No. 934/xxi-37 (2)-50, dated 23-11-1951, and they were prosecuted for having run these kilns without a proper license. The contention on behalf of these applicants was that the imposition of Rs. 50/- as license fee per year was not a license fee but was a tax and was beyond the powers of the District Board.

(2.) ONE of these petitions -- Writ Petition No. 108 of 1953 -- came up before Mr. Justice bhargava, who dismissed it on 22-2-1954, on the ground that remedy by way of a regular suit was much more appropriate and consequently the writ petition could not be entertained.

(3.) A number of these petitions on identical grounds were heard by Mr. Justice Chaturvedi -Civil misc. Writ No. 398 of 1953, connected with Civil Misc. Writs Nos. 399 to 406 and 678 to 681 of 1953. The learned Judge entertained these applications and ordered that