Maladevi @ Malavati v. District Magistrate Haridwar
2021-06-18
MANOJ KUMAR TIWARI
body2021
DigiLaw.ai
JUDGMENT : MANOJ KUMAR TIWARI, J. 1. By means of this writ petition, petitioner is challenging the order dated 06.04.2021 passed by District Supply Officer, Haridwar, whereby her application, for renewal of license for petty diesel retail outlet, has been rejected on the ground that application for renewal was made after expiry of the license. 2. Learned counsel for the petitioner submits that petitioner belongs to Scheduled Caste category and is a Widow, having four daughters. He further submits that one daughter of the petitioner was kidnapped on 01.04.2020, who could be recovered after great efforts on 23.08.2020, therefore, she could not make the application for renewal in time. He further submits that, due to lockdown imposed in view of Covid-19 Pandemic also, petitioner could not make such application and she is entitled for benefit of the order passed by Hon’ble Supreme Court, which provides for relaxation in the period of limitation. 3. Per contra, learned Deputy Advocate General submits that, as per the Government Order dated 26.04.2002, application for renewal of license for petty diesel retail outlet is to be made within 30 days from the date of expiry of license; while, petitioner had made such application on 162th day from expiry of the license. He, however, submits that petitioner can apply for grant of fresh license, which shall be considered in accordance with the Government Policy. 4. Learned counsel for the petitioner submits that petitioner’s husband was granted license in the year 1997 and, after his death, petitioner was granted license in the year 2010. He further submits that petitioner is entitled for grant of fresh license, as she cannot be deprived of her livelihood for a small lapse, which was not intentional; but, had occurred owing to the reasons beyond the control of the petitioner. 5. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to make application for grant of fresh license for petty diesel retail outlet. If such application is made within two weeks from today, the Competent Authority i.e. District Magistrate, Haridwar shall consider the same sympathetically and pass speaking order, in accordance with law, within a period of 90 days from the date of receipt of application alongwith certified copy of this order.