DRY CLEANERS ASSOCIATION Vs. KARAJ SADHAK AFSAR

JUDGEMENT

(1.) The Executive Officer of the Municipal Committee Hoshiarpur, respondent No. 1, vide his letter which is un-dated to the President, Dry Cleaners Association, Hoshiarpur, informed him that with the sanction of the Regional Deputy Director, Local Government, Jullundur, the Municipal Committee, Hoshiarpur, had levied licence fee according to the Schedule attached with the said letter and advised him to inform all the members of his association to obtain licenses from Municipal, Committee, Hoshiarpur. The president of the Dry Cleaners Association, Hoshiarpur, has through the present writ petition challenged the imposition of the license fee on three grounds: (i) that no such license fee could levied on Dry Cleaners under section 121 of the Punjab Municipal Act, 1911 (hereinafter referred to as the Act); (ii) that the license fee assumed the form of tax as element of quid pro quo was missing; and (iii) that before passing the order No. 534 dated 16th/17th December, 1976 which find mention in the schedule P.2, affected persons had not been heard.

(2.) In reply, on behalf of the Municipal Committee respondent No. 1, Executive Officer of the said Municipal Committee took up the stand that the fee could be imposed under section 121 of the Act; that the element of quid pro quo was not missing as the Municipal Committee did render service to the members of the petitioner-association and that no notice was required to be served upon on any of the affected persons before passing order No. 634 dated 16th/17th December, 1975 by the Administrator of the Municipal Committee in question.

(3.) A preliminary objection to the maintainability of the petition taken by respondent No. 1 in para 14 of the reply on the basis of the alternative statutory remedy having not been availed, was not pressed on behalf of the respondents and rightly, in my opinion, as once the petition is admitted and remains pending for almost nine years, it would not be fair to dismiss the petition on the question of law arising in the matter which can better be resolved by this Court rather than leave it is an uncertain stage which could lead to a further bout of litigation in this Court.