SHAUKAT QURESHI Vs. STATE OF M P

JUDGEMENT

(1.) Heard. The petitioner has filed this petition challenging the order Annexure-P/1, dated 24.4.2010, by which the application of the petitioner for renewal of his licence of 'Bochure' has been rejected.

(2.) As per the petitioner, he has been doing the profession of 'Bochure' for last 30 years and the licence has been renewed from time to time by the authority. Earlier, the licence of the petitioner was cancelled, then he filed a petition before this Court challenging the order of cancellation of licence, which was registered as W.P.No. 1452/10. This Court vide order dated 23.3.2010 granted stay order in favour of the petitioner and also observed that the respondents shall consider the application of the petitioner for renewal and it shall not be rejected on account of order dated 9.11.2009. This Court observed the following observation :- "It is needless to mention that the respondents shall consider the application for renewal of the petitioner and the case of the petitioner for renewal shall not be rejected on account of order dated 9.11.2009".

(3.) After perusal of the order, it is clear that the authority has not mentioned the reasons that what were the reasons or facts in regard to mis-use the licence by the petitioner. It has also not been mentioned in the order that what are the allegations levelled against the petitioner in the criminal case registered against him. AFTER perusal of the order impugned, in my opinion, this order has been passed with non-application of mind. It is a fact that on account of refusal to grant the licence, civil right of the petitioner has been affected. It is also a fact that the renewal of licence can be refused on certain grounds. As per the provisions of M.P. Municipalities Act, 1961 and the bye-laws made by the Municipal Council named as Inspection of Slaughter House and Sale of Flesh (Licencee) Bye-laws, 1978, however, the authority is required to pass well reasoned order in this regard.