BABULAL GUPTACHARCOAL AND FIREWOOD DEALER Vs. CANTONMENT BOARD

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for the issue of a writ of mandamus or other appropriate direction to the respondent not to interfere in any way with the running of the petitioner's charcoal and firewood business in house No. 22 at Sadar Bazar, Cantonment, Jabalpur.

(2.) The petitioner's case is that he carries on the business of selling charcoal and firewood in house No. 22, and that he keeps his stock in bulk in premises outside the area of the Jabalpur Cantonment Board. Under Clause (1) of Subsection (1) of Section 210 of the Cantonments' Act (No. II of 1924), hereinafter referred to as the Act, dealers in straw, wood, charcoal and other inflammable materials are prohibited from carrying on their trade unless they obtain a licence in this behalf from the Cantonment Board. The licence is granted for a period of only one year with the result that a fresh licence has to be obtained at the end of every year.

(3.) On 25-3-1957 the firm Munnalal Chhadami-lal of which the petitioner was a partner, applied for a licence for carrying on the business of selling charcoal and firewood in house No. 22. This application was rejected by the Cantonment Board under its Resolution No.2, dated 7-5-1957. No reasons for the rejection of the said application for licence were communicated to the applicant. Several prosecutions were thereafter launched against the petitioner at the instance of the respondent under Section 213 of the Act. The shop of Munnalal Chhadamilal in house No. 22 had ultimately to be closed in the month of May, 1957.