IMTIYAZ AHMAD MIR Vs. STATE OF J&K

JUDGEMENT

(1.) THE Certificate of Registration of travel agent was issued in favour of the appellant by the Prescribed Authority in terms of -Jammu and Kashmir Registration of Tourist Trade Act, 1978 (for Short Act of 1978) to carry the business of travel agent in the Jammu and Kashmir State. The said certificate was issued on July 16, 2006 and name of the agency, as recorded in the said certificate, was M/S New Mazda Tour and Travels. The registration certificate was valid upto March 31, 2007. The appellant entered into partnership with one Shri Nazir Ahmad Mir for running a travel agency under the name and style of M/S Mazda Tours and Travels situated at Boulevard, Srinagar. The said Nazir Ahmad Mir was admitted as partner of the said business with effect from June 1, 2007 on the terms and conditions mentioned in the said partnership deed, which was registered by the Sub Registrar concerned on July 14, 2007. The partnership firm was registered under the name and style of M/S Mazda Tours and Travels, Boulevard, Srinagar by Registrar of Firms vide certificate No 8848 of 2007 issued on November 12, 2007. The appellant applied to the Prescribed Authority under the Act of 1978 and requested for change of particulars in the Certificate of Registration of travel agent issued on July 16, 2006.

(2.) WHEN no action was taken, a notice was sent to the Deputy Director, Tourism (Registration) by the appellant through his Advocate wherein requested was made to the said Authority to make necessary changes in accordance with mandate of Section 39 of the Act of 1978 in the Register maintained by the said Authority. The notice was issued on December 31, 2007. The Prescribed Authority, vide its communication no. Reg/1542/DT dated February 7, 2008, responded to the notice of the learned Advocate of the appellant and informed that the unit, namely, Mazda Tours and Travels is already registered in the department in the name of private respondent, as such, registration certificate cannot be issued under same name and style.

(3.) THE appellant, thereafter, filed writ petition, OWP No. 665/2008, on August 21, 2008 praying therein for issuance of writ of Mandamus to direct the respondents, more particularly, Deputy Director Tourism (Registration), to effect the change in the trade name of appellant's business from M/S New Mazda Tours and Travels to M/S Mazda Tours and Travels in Certificate of Registration and also in the relevant registers in accordance with the mandate of Section 39 of the Act of 1978. A further prayer was made that, by issuance of appropriate writ, order or direction, respondents be directed to formulate policy in regard to seeking participation of the persons who are engaged in the tourist trade in the State of Jammu and Kashmir, in tourist trade fairs, which are held in different parts of the Country.