Judgment

SHELAT, J. : (K. Subba Rao CJI. Concurring) - We regret our inability to agree with the conclusion reached by Bachawat, J.

2. The appellant, a non-tribal, started trading at Aijal, Mizo District, in 1957 under a temporary licence issued by the Mizo District Council investing about Rs. 50, 000 therein. The temporary licence could be issued at a time for a year only and therefore he applied for and obtained its renewal from time to time up to May 31, 1960. He applied for a further renewal whereupon the Executive Committee of the District Council passed an order dated July 1l, 1960 refusing any further renewal and directing him to remove his properties from the District by the end of July 1960 and imposed a fine of Rs. 500 in case he failed to comply with it.

3. The appellant filed a petition under Article 226 of the Constitution in the High Court of Assam against the said order contending that the said order was mala fide in the sense that though the reason given for refusal was that the number of non-tribal traders had reached the maximum the Committee had in fact granted licences to new traders, and that the said order and Section 3 of the Lushai Hills District (Trading by no