KIRANA ASSOCIATION DATIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The challenge in this petition is to the bye-laws (Document No. 1) framed by the Datia Municipal Committee in exercise of the powers conferred by sub-s. (3) of S. 357 of the M. P. Municipalities Act, 1961. The bye-laws have been confirmed by the State Government by Notification No. 907-XVIII-II-83, dated 3/10/1983. By these bye-laws, the sale of vegetable Ghee within the Municipal limits of Datia Municipality has been regulated.

(2.) Bye-law 4 provides that no person shall sell or offer for sale vegetable Ghee unless he holds a licence granted in accordance with the provisions of these bye-laws, in Form 'A' appended to the bye-laws. According to bye-law 5, there shall be two classes of licences, namely: (a) Wholesale Dealers' Licence; and (b) Retail Dealer's Licence. Provision has been made for issuance of licence prescribing certain conditions. Provision has also been made for grant, refusal, suspension or revocation of the licence if a person commits breach of the bye-laws, with penalty.

(3.) Shri Kotecha contended that the Municipality has no power to frame bye-laws regulating sale of vegetable Ghee. Section 268 of the Act provides for licensing the sale of certain articles of food and drinks. The relevant part of that section is as follows: