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Allahabad High Court · body

2000 DIGILAW 1235 (ALL)

PRAMOD KUMAR KATHAK v. DISTRICT SUPPLY OFFICER, SHAHJAHANPUR

2000-09-14

B.K.ROY, S.K.JAIN

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BINOD KUMAR ROY, S. K. JAIN, JJ. ( 1 ) THE petitioner has come up with a prayer to declare last portion of the proviso to clause 4 (c)of the Control Order as ultra vires to Article 19 (1) (g) of the Constitution of India which reads thus : "no application for renewal of a licence shall be entertained after sixty days of the date of expiry of the licence under any circumstances. " ( 2 ) SRI Ramendra Asthana learned counsel appearing on behalf of the petitioner contended that as article 137 of the Indian Limitation Act prescribes a period of three years limitation, thus the curtailment of three years period to a period of sixty days only has infringed the petitioners rights to trade and profession as guaranteed under Article 19 (1) (g) of the Constitution of India. ( 3 ) TO a question put by us as to whether the provisions of the Indian Limitation Act, 1967, are applicable to the authorities under the Control Order?. Mr. Asthana very fairly takes up a stand that they are not applicable. ( 4 ) THUS, there is no question of applicability of three years rule of limitation to the provisions under Control Order enacted under the provision of the Essential Commodities Act, 1955. Prescribing a period of sixty days only for filing an application for renewal of a licence. In our view, by no stretch of imagination is unreasonable and/or arbitrary and, accordingly, the petitioners assertion that his fundamental right as guaranteed under Article 19 (1) (g) of the constitution of India stands breached, has got no force at all, ( 5 ) THIS writ petition is consequently dismissed, but without cost. ( 6 ) THE office Is directed to hand over a copy of this order to Sri H. R. Mishra, learned standing counsel, within one week for its Intimation to the authority concerned. .