S.P.Mitra, S.K.Datta
Bishnupada Kunkri – Appellant
Versus
District Controller Food And Supply – Respondent
1. THIS is an appeal from the judgment of Mr. Justice Amiya Kumar Mookerji delivered on the 18th June, 1976 in an application under Article 226 of the Constitution. The appellant prayed for a Writ in the nature of Mandamus commanding the Licensing Authority to consider and dispose of his application for a licence under the Rice Milling Industry (Regulation) Act, 1958 for carrying on rice milling operation.
2. THE parent Act in question is an Act of the Central Legislature. It was amended by West Bengal Act LIII of 1974. By this amending Act, a new section was inserted. This new section is section 6a which is as follows:-
"6a. Licence for husking mill.-
(1) Notwithstanding anything to the contrary contained elsewhere in this Act, every owner of a husking mill, whether he holds a Licence under this Act or not, shall, within thirty days from the date of coming into force of the Rice-Milling Industry (Regulation) (West Bengal second Amendment) Ordinance, 1974, (West Bengal Ord. XIV of 1974) or in the case of an owner of a new husking mill, before he starts actual milling operation, make an application to the licensing officer for the grant of a fresh licence for carrying on rice-
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