LAWS(ALL)-1997-3-215

SHAFI TIMBER STORE Vs. STATE OF U.P.

Decided On March 21, 1997
Shafi Timber Store Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) BY means of this petition, petitioner has prayed for a writ in the nature of mandamus commanding the opposite parties to issue and cause to issue licence after renewal for the year 1997 and pass a reasoned order under Rule 9 of the Uttar Pradesh Establishment and Regulation of Saw Mills Rules, 1978. The prayer indicates that petitioner has claimed for issuance of a licence of Saw Mill of carrying business of timber which was granted earlier. This Court in exercise of its jurisdiction under Article 226 of the Constitution of India cannot issue a blanket order to the respondent to renew the licence because before granting licence or renewing the licence, the Licensing Authority has to consider several factors and the provisions of law in that regard. However, considering the arguments of the learned counsel for the petitioner as well as learned Standing Counsel we direct the respondents to consider the application of the petitioner for renewal of the licence for the year 1997 onwards in accordance with law and observations of Hon'ble Supreme Court of India in Writ Petition No. 202 of 1995 T.N. Godaverman v. Union of India and others, and pass appropriate orders expeditiously say, within a period of six weeks from the date of production of a certified copy of this order.