U. C. Srivastava, J. - (1.) -The only question raised in these writ petitions, which have been bunched together, is that whether the State Government has no jurisdiction to issue an order requiring the Zila Parishad to demand 15% excess amount over the average income of last three years from the contractors carrying on the business of hides and hones over and above the fee which have been prescribed in the bye laws which have not been amended in this behalf. The other question which arises out of first question is whether the Zila Parishad can demand the excess amount failing which it can cancel the licence or refuse to renew the same or to take any action for this consideration. In two writ petitions viz. Writ Petition No. 5627 and 6316 of 1987 refused of the amount which in pursuance of the said notice had been deposited has been claimed. All these writ petitions pertain to Zila Parishad, Barabanki which has framed bye-laws in accordance with law. Under the bye-laws the amount of licence fee has been provided and the petitioners have deposited the licence fee for the years in question. The State Government issued a G. O. on 23rd April, 1987 providing that licence should be given only after deposit of 15% excess amount calculating the same on the basis of income of three years and it is in pursuance of the said G. O. either amount has been deposited or auction has been threatened. Under section 239 of the Uttar Pradesh Kshhetra Samitis and Zila Parishad Adhiniyam, 1961, Zila Parishad is empowered to make bye-laws. Section 242 (2) further provides that the power of Zila Parishad to make bye-laws shall be subject to the conditions of the bye-laws being made after previous publication and of their not taking effect until they have been confirmed by the Prescribed Authority and published in the Gazette. In has not been denied that the bye-laws in question have been framed in accordance with the provisions of the said Adhiniyam. Under section 237 of the said Adhiniyam the State Government may by notification in the Gazette make rules consistent with this Act in respect of any matter or matters for which the owner of making rules is expressly or by implication conferred by this Act, and may also make rules which are otherwise requisite for carrying out the purposes of this Act. The said section provides for framing the Rules which are to be laid before each House by Legislature. No such rule in this behalf has been framed by the State Government in accordance with the procedure prescribed. There is no provision in the said Adhiniyam which empowers the State Government to issue such G. O. The State Government could direct the Zila Parishad to change bye-laws obviously in accordance with law but not to amend itself byelaws in such a manner. The State Government has no jurisdiction to require a licencee to pay more fee and to provide for cancellation of a licence for its non-payment or refuse to grant licence to prospective licencee or refusal to pay this extra amount. The petitioner in these circumstances cannot be made to suffer for not paying 15% excess amount or if paid for its withdrawal.
(2.) IN view of above these petitions deserve to be allowed and are accordingly allowed. The order issued by the Zila Parishad Barabanki directing that the theka of the licence shall be granted only when 15% excess amount is paid and the State Government orders dated 7-6-1986 and 3-4-1987 annexed to the writ petitions, issuing such a direction, are quashed and the Zila Parishad is directed to grant licences in accordance with law ignoring the said G. Os. IN Writ Petitions Nos. 5627 and 6316 of 1987 the Zila Parishad, Barabanki is directed to refund the excess amount and not to take any action against it. IN the other connected writ petitions the Zila Parishad Barabanki is directed to refund the excess amount if the same has been deposited by the petitioner. There will be no order as to costs. Petitions allowed.;