Bose, J. - (1.) This is an application under Article 226 of the Constitution for an appropriate writ directing the respondent to recall an order of refusal of a license in respect of a Boarding House carried on by the petitioner at Bow Bazar Street and also for direction upon the respondent to renew or issue a license in favour of the petitioner in respect of the year 1952-53.
(2.) The petitioner was the holder of a license granted by the Commissioner of Police, Calcutta, for carrying on a business of a Boarding House at 81-A, Bowbazar Street, Calcutta. Since 1950, the petitioner had been carrying on the said business under the name and style of "Kali Mata Hotel Restaurant and Boarding House". On March, 21, 1952, the petitioner made an application for renewal of the license but the respondent by his letter, dated April 17, 1952, refused to renew the said license. The relevant portion of the letter may be set out herein : "Dear Sir, Reference your application, dated 21st March, 1952, for the renewal of your Boarding House license at 81-A, Bow Bazar Street, for the year 1952-53, I wrote to inform you that it has been refused. I would, therefore, ask you to close down the Boarding House on receipt of this letter. Yours faithfully, Sd. A.K. Banerjee, For Commissioner of Police, Calcutta.
(3.) The petitioner thereafter made several representations for recalling the order of refusal and on or about April 28, 1952, the petitioner caused his solicitor to write a letter to the Commissioner of Police enquiring as to what were the reasons for which the Commissioner had refused to renew the license in favour of the petitioner but no reply was received to the said letter nor was any heed paid to the representations made for withdrawal of the refusal or cancellation order.;