ERIC JOHN SINGH Vs. DISTRICT MAGISTRATE VARANASI

JUDGEMENT

(1.) S. K. Dhaon and Palok Basu, J. J. An order purporting to have been passed under Section 9 of the Sarais and Puraos Act XXII of 1967 (hereinafter referred to as the Act), whereby the registration of a certain hotel h is been cancelled and the closure thereof has been ordered, is being impugned in the present writ petition.

(2.) BY a letter dated 6th November, 1988, the Senior Superintendent of Police, Varanasi, informed the District Magistrate, Varanasi, that on 26th October, 1988, the bearer, the Chowkidar, the owner (petitioner), son of the petitioner and one Moti Lal raped a certain lady and in respect of the said occurrence a case Crime No. 403/88 under Section 376 read with Section 109 of the Indian Penal Code had been-registered. On the same date the impugned order was passed by the Additional District Magistrate stating therein the con tents of the communication of the Senior Superintendent of Police and also the fact that the general reputation of the. said hotel was bad. The reason given for taking the action was maintenance of public tranquility and the safeguard of public interest.

(3.) WE have read and reread this provisions. It cannot by any stretch of imagination be said that under this provision any power has been conferred to cancel the registration of a Sarai. The question still is whether the order closing down the hotel can be sustained under Section IX. For arriving at such a conclusion conveying that intendment of the Legislature has to be picked up in the. vision under consideration. The words to secure, enclose, clean or clear have been placed in juxtaposition. The only word which may some relevance if enclose. No doubt, some of the dictionary meanings of the said word are, to shut in or close on all sides, fn our opinion even the dictionary meaning does not convey the legislative intendment that the District Magistrate can order that a particular building should not be used as a Sarai at all. In other words, Section IX does not empower the District Magistrate to order the keeper of a Sarai to stop his business activity of giving shelter etc. to the travelers. The four words which are placed near each other are those which are generally used. Even if these words are wide and comprehensive in their literal sense, they must be con strued as being limited to the actual object of the Act and in particular in the context and setting of Section IX.