CHANDI PRASAD Vs. RAMESHWAR PRASAD AGARWAL

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India arises out of an order passed by the authorities of the Arrah Municipality, holding that the petitioner is liable to take three separate licences and pay three separate licence fees under Section 259 (1) of the Bihar and Orissa Municipal Act for carrying on business of crushing oil seeds, crushing wheat and polishing rice at a place situate in Mohalla Chowdhriana of Arrah Town.

(2.) The case of the petitioners is that he is carrying on the business of crushing oil seeds and wheat only in the same premises with the help of a motor, namely, an electric motor of ten horse power and he is liable to take out only one licence and pay only one licence fee for carrying on such businesses.

(3.) The allegation of the petitioner that he is carrying on businesses of crushing oil seeds and wheat only was controverted in the counter affidavit filed on behalf of the Municipality, in Para. 4 of which it was alleged that the petitioner has been running three businesses and not two as claimed by him. In his rejoinder to this counter affidavit on behalf of the Municipality, the petitioner again alleged that he is running only two businesses, namely, crushing of all seeds and wheat and not the business of polishing rice. Neither of the parties made any submission before us at the time of hearing of the present writ petition in connection with the dispute as to whether only two businesses were being carried on as alleged by the petitioner or three businesses as alleged by the Municipality. It is evident that this disputed question of fact cannot be entered into in the present writ petition and, as such, it is not necessary to consider this matter.