ANTHONY JOSE NAZARETH RODRIGUES Vs. PANAJI MUNICIPAL COUNCIL

JUDGEMENT

(1.) BY this petition, the petitioner is challenging the order issued by the first respondent, Panaji Municipal Council, sealing the premises where the bar of the petitioner is located, on the ground that the petitioner had been operating his bar named "jose Bar", without valid licence from the Panaji Municipal Court as is required under the Goa Municipalities Act, 1968. The petitioner has also challenged the vires of Bye Law No. 1 of the Trade and Occupation Licensing Bye Laws, 1989, on the ground that the said bye laws are ultra vires section 262 of Goa Municipalities Act, read with section 307 of the said Act.

(2.) THE facts, as are necessary to decide this petition, are set out hereunder: the petitioner is holder of a valid licence issued by the Directorate of Food and Drugs Administration under Rule 5 (4) (i) of the Goa, Daman and Diu Prevention of Food Adulteration Rules, 1982. The said licence which is issued in form C is a licence for the manufacture for sale/storage/distribution of cooked/prepared food at a place called "jose Bar" situated at Dr. Menezes Road, Tiswadi. The said licence has been renewed from time to time and was valid upto 31st December, 2002.

(3.) THE grand-mother of the petitioner was the holder of a valid excise licence for sale of country liquor in the said premises. During her life time the said excise licence, which was originally standing in the name of his grand-mother, was transferred in the name of the petitioner by the Commissioner of Excise, Government of Goa. By order impugned in the present petition, the premises of the petitioner were sealed on the ground that he did not have a valid licence from the Panaji Municipal Council as is required under Bye Law No. 1 of the Trade and Occupation Licensing Bye Laws, 1989.