JAGDISH PRASAD SHIVHARE Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) FEELING aggrieved by the order dismissing his Writ Petition the petitioner has now come up in Letters Patent Appeal seeking redress praying for the setting aside of the same and further seeking a direction requiring the Municipal Corporation, Gwalior, the respondent No. 1, to renew the licence No. 19/1996-97 in Form FL-III for dealing in foreign liquor granted in his favour.

(2.) WE have heard the learned counsel for the appellant and have carefully perused the record.

(3.) THE facts in brief, shorn of details and necessary for the disposal of this appeal lie in a narrow compass. The petitioner claims to be a proprietor of Sangam Hotel and Restaurant, situate at Tansen Road, Gwalior, which has been established by him in a rented premises. He had applied for the licence in Fl-III to deal in foreign liquor which had been initially granted for the period from 1st March, 1997 and was renewed for the period 1-4-1997 to 31- 3-1998. Later on, it was further renewed for a period from 1-4-1998 to 31-3- 1999 vide the order dated 21-4-1998 passed by the Ayukt, Nagar Palika Nigam, Gwalior. The operation of the renewal of the licence issued in favour of the petitioner in Form FL-III was stayed. Later on, vide the order dated 2- 6-1998 the Commissioner, Municipal Corporation, Gwalior, cancelled the aforesaid license. Feeling aggrieved by the order of cancellation of the licence the petitioner filed the writ petition giving rise to this appeal, on 17-6-1998. The petitioner had prayed for the quashing of the order dated 2-6-1998 cancelling the licence and had further prayed for a direction requiring the respondents not to take any action against him on the ground of irrelevant inquiry.