JUDGMENT

S.C. Manchanda, J. - This is a writ petition under Article 226 of the Constitution by Ghulam Hussain, wholesale vegetable and fruit commission dealer, carrying on business in the Town Area of Miranpur, challenging the demand of licence fee of Rs. 100/-for carrying on his business in the suit and vegetable market for 1960-61.

2. The petitioner carried of on business of commission agency in fruits and vegetable from the year 1958-59 in partnership with one Jagdish Prasad. A licence was duly taken by Sri Jagdish Prasad in his name. In the assessment year 1959-60, the petitioner started this commission agency in fruits and vegetable taking over the goodwill of the former business. By a notice dated the 25th May, 1959 the petitioner was required by the Town Area Committee (hereinafter referred to as the Committee) to obtain a licence under the bye-laws, and in the event of non-compliance was informed that he would be prosecuted under the Act. The petitioner did not comply and he was prosecuted. The Sub-Divisional Magistrate convicted him and sentenced him to Rs. 40/- as fine and Re. 1/- per day in default of obtaining a licence. The revision against his conviction is pending and