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1978 Supreme(SC) 366

A.P.SEN, P.N.SHINGHAL, V.R.KRISHNA IYER
Khatki Ahmed Mushabhai – Appellant
Versus
Limdi Municipality – Respondent


Advocates:
C.B.SINGH, M.MUDGAL, M.V.GOSWAMY, P.H.Parekh, P.M.RAVAL

Judgment

ORDER :- The petitioners counsel, in his fighting submission, argues that his clients fundamental right to a licence for a meat shop has been flouted by the little Limdi Municipality, founding himself on a decision of this Court in Mohd. Faruk v. M. P. State (1970) 1 SCR 156):. That decision hardly helps. There a bye-law was challenged as violative of Art. 19 (1) (g). Here there is no law whatever which bans the grant of meat licences. Indeed, there are three other licensed meat stalls and the petitioner himself had a meat licence in a shop leased to him by the same Municipality earlier which by efflux of time had expired. The law vests a discretion to be reasonably exercised in the context of citizens fundamental right. The ground on which the Municipal body has refused licence here is not irrelevant and cannot be described as unreasonable within the meaning of Art. 19 (6) of the Constitution. The bye laws permit the municipality, as the licencing authority, to grant or to refuse licences. No butcher, baker or circus manager can say that he has the unqualified right to get a licence on mere application. It is open to the licensing council - indeed, is obligatory on its par






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