Judgement

S. R. DAS CJI.- This is an appeal by the State of Bombay from the judgment and order passed on 12th January 1955 by the court of Appeal of the High Court of Judicature of Bombay confirming, though on somewhat different grounds, the judgment and order passed on 22nd April 1954, by a single judge of the said High Court allowing with costs the present respondents petition under Art. 226 of the Constitution of India. The said petition was presented before the High Court of Judicature at Bombay on 18 December 1952.

In the said petition there ware two petitioners who are now the two respondents to this appeal. The first petitioner is an individual who claims to be a citizen of India and the founder and Managing Director of the second petitioner, which is a company incorporated in the State of Mysore and having its registered head office at 2, Residency Road, Bangalore in that State. That petition was further supported by an affidavit sworn by the first petitioner on the same day.

2. The allegations appearing in the said petition and affidavit may now be shortly stated. In July, 1946, the first petitioner applied for and obtained from the then Collector of Bombay a licence, being