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1958 Supreme(All) 89

B.MUKERJI, A.N.MULLA
MUNICIPAL BOARD, LUCKNOW – Appellant
Versus
SARDAR IQBAL SINGH – Respondent


Advocates Appeared:
B.K.DHAON, B.L.Kaul, IQBAL AHMED

B. MUKERJI, J.

( 1 ) THIS is a special appeal against the decision of the learned Chief Justice made in an application for a writ of mandamus or any other appropriate writ or direction which may be issued to command the respondent, first, to issue certain licences applied for by the petitioners for plying rickshaws within the municipal limits of Lucknow and secondly to refrain from impounding certain rickshaws belonging to the petitioners found plying within the municipal limits for hire. The learned Chief Justice allowed the petition to the extent that he directed the issue of a writ commanding the Municipal Board to issue licences to the petitioners to ply rickshaws for hire within the municipal limits provided the petitioners fulfilled the requirements laid down in the relevant municipal bye-laws.

( 2 ) IN order to appreciate the scope of the controversy that arose for decision in the writ petition it is necessary to state a few facts, The petitioners, who are the respondents in this appeal, were five in number and between them they owned a considerable number of rickshaws which they wished to ply for hire within the limits of the Lucknow Municipality. Under the bye-laws framed




















































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