M.R.SELVAM Vs. ANDAMAN & NICOBAR ADMINISTRATION

JUDGEMENT

(1.) This appeal is directed against the order dated 8th August, 2013 passed by the learned Single Judge in W.P. No.041 of 2013 (Shri M.R. Selvam vs. The Andaman & Nicobar Administration & Ors.) whereby the writ petition challenging the order dated 1st January, 2013 passed by the Deputy Commissioner, North & Middle Andaman District, Mayabunder, rejecting the prayer for grant of Bar licence, was dismissed.

(2.) The brief facts of the case are that the appellant, a recorded tenant of a plot of land situated at Kalighat village under Diglipur Tehsil, North & Middle Andaman District, had applied for the Bar licence. On the basis of the said application the Deputy Commissioner called for a report from the Tehsildar, Diglipur and from the Deputy Superintendent of Police, North Andaman. It appears that advertisement was issued seeking objections from different institutions and the people in general. The Deputy Commissioner not being satisfied with the report of the Tehsildar again directed him to re-inspect the proposed Bar premises as there was some confusion with regard to its distance of the Church. Accordingly, the Tehsildar again submitted a report which was somewhat different from the earlier report. In such backdrop, the Deputy Commissioner directed the Assistant Commissioner, Diglipur to inspect and submit a report which was submitted. However, as the distance from the proposed Bar premises to the Church entrance gate was not mentioned a further report was directed to be submitted. The Assistant Commissioner in his subsequent report stated that as the distance in between location B and E as per sketch map was only 74 metres, it was not permissible under the Guidelines of the A & N Administration for grant of Bar licence to the appellant. Accordingly, the Deputy Commissioner by the impugned order dated 1st January, 2013 rejected the prayer of the appellant.

(3.) As noted, challenging the order dated 1st January, 2013 the appellant had moved the writ petition. Directions were issued to file affidavits. Affidavits were exchanged. Thereafter, the matter was heard and the learned Single Judge upheld the order dated 1st January, 2013 passed by the Deputy Commissioner rejecting the prayer of the petitioner for grant of Bar licence.