JAGANNATH NATHMAL Vs. STATE OF BHOPAL

JUDGEMENT

(1.) Three other miscellaneous criminal cases Nos. 113, 114 and 116 of 1950-51 are of the same type (Jagannath V/s. The State, Radheshyam V/s. The State, and Naraindass V/s. The State) and were heard along with this case. This order would, therefore, govern all these four cases.

(2.) The applicant filed an application under Art. 226 for issue of a writ of Certiorari and, or a writ of Mandamus against the State and the Chief Commissioner of Bhopal. The applicant is a dealer in cotton cloth in the name and style of the firm Messers Jagannath Narayandass and under the Bhopal Cotton Cloth Dealers' Licensing Order No. 18 of 1949 was granted a license, in the name of the said firm, to deal in cotton cloth which was due to expire on the 31st March 1951. On 9-8-1950, the applicant was informed that the licence was cancelled by the order of the non-applicant No. 2, the Chief Commissioner, Bhopal under clause 20 of the above Order with effect from the same date. In the issue of the Bhopal Gazette of 9th of September 1950 a notification was published about the cancellation of the licence of the applicant and others. On 30-9-50 the applicant addressed a letter to the Chief Commssioner requesting him to rescind the order within a week or otherwise he would be constrained to seek redress under Art. 32 or 226 of the Constitution. No reply was given by the Chief Commissioner hence this application was filed under Article 226 of the Constitution, on 17-10-50, and after one adjournment at the request of the Government Advocate who appeared for the State as also the Chief Commissioner, the application was heard on 31-10-50. On 30-10-50 the Government Advocate filed, by way of a return an affidavit sworn by the Food and Civil Supplies and Textile Commissioner, admitting the facts but denying the contentions.

(3.) On behalf of the applicant it is urged that :