M/S HEALTHWAYS DAIRY PRODUCT CO., (REGISTERED) Vs. LICENCING AUTHORITY/MILK COMMISSIONER, UTTAR PRADESH, JAWAHAR BHAWAN, LUCKNOW AND OTHERS

JUDGEMENT

(1.) The renewal of a licence issued to the petitioner under the provisions of the U.P. Milk Act, 1976 (hereinafter referred to as the Act) and the U.P. Milk Rules, 1976 (hereinafter referred to as the Rules) has given rise to this petition under Art. 226 of the Constitution.

(2.) The petitioner ran a dairy prior to the enforcement of the Act. Under Sec. 11(2) of the Act it was granted a licence to carry on the business of dairy. In particular, this included the conversion of milk into milk products. The normal period of a licence is one year. The licence was renewed for the period beginning from 16th Feb., 1981 and ending on 16th Aug., 1981. However, while renewing the licence a condition was appended to the effect that the licence was being renewed merely for conducting business in liquid milk. The petitioner challenged the legality or this condition by means of an appeal which was dismissed as not maintainable. It has, therefore, approached this Court.

(3.) It has been stated at the bar that the licence of the petitioner has been renewed year after year during the pendency of this writ petition with the condition that on its basis the petitioner can carry on business in liquid milk alone. It is, therefore, urged that the petitioner's grievance is very much alive as he has a recurring cause of action. We find force in this submission and we are, therefore, proceeding to dispose of this petition on merits on the footing that this petition has not been rendered infructuous by efflux of time.