SARAOGI PAPER MILLS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is a partnership firm and has set up a factory for manufacturing of paper at Kishanganj in the district of Kishanganj.

(2.) IT is stated that the petitioner 'sfirm holds a factory licence bearing no. 10979 issued under the provisions of the Factories Act, 1948 and the Bihar Factories Rules, 1950. Under the Factories Act, 1948 (hereinafter called the said Act) rules have been framed for registration and grant of licence. Under Rule 5 there is provision for making application for licence to work a factory in specified form. Such grant of licence shall remain valid up to 31st December every year and after that it has to be renewed. Under Rule 7 an application for renewal of licence shall have to be made in the specified form on payment of particular fee. There is provision under Rule 10 for payment of fee.

(3.) THE petitioner 'sgrievances are that by the impugned notification by which licence fee has been enhanced is excessive. As a result of enhancement of fee the old transformer fee of Rs. 400/ - has gone up to Rs. 700/ -, and old generator fee has gone up to Rs. 750/ -. As a result of enhancement of fee, the petitioner received notice dated 26.11.1992 from the respondent Factory Inspector in which it has been directed that the petitioner has to pay total Rs. 6,200/ - at enhanced rate instead of Rs. 1575/ -. The petitioner 'scase is that such enhanced amount was deposited by him under protest and the said enhancement of rate has been challenged by the petitioner in this writ petition on various grounds.