BHANWARLAL DUGAR AND SONS Vs. DIST MAGISTRATE KAMRUP

JUDGEMENT

(1.) By this petition under Art.226 of the Constitution of India, the petitioner, a registered firm carrying on the business of General Merchants and Commission Agents of Gauhati has approached this Court challenging the legality and validity of the order dated 24-2-1984 made by Shri S. K. Agnihotri, District Magistrate, Kamrup, Gauhati under S.11(4) of the Assam Shops and Establishments Act, 1971, directing the shops and establishments of the Greater Gauhati Area to keep them closed on certain days of the week as specified in the aforesaid order marked Annexure-B to the petition.

(2.) The petitioner-firm is an establishment which attracts the provisions of the Assam Shops and Establishments Act, 1971, hereinafter "the Act". The main attack on the impugned order is on the ground that the District Magistrate had no jurisdiction vested in him by law to make the order. In order to appreciate the contention of the petitioner, let us read the provision of S.11(4) of the Act :-

(3.) In the result, the petition is allowed, but we make no order as to costs. Petition allowed.