- (1.) THIS writ petition has been moved by the petitioner for the inaction in not granting husking mill licence in favour of the petitioner on the ground that the petitioner was using the same machine both for Chira Mill and husking Mill and both the said mills are proposed to be installed in the same room.
(2.) THE learned counsel for the petitioner has contended that such consideration of utilisation of one machine both for Chira Mill and husking Mill and commissioning of both the Mills in the same premises as a ground for refusing Husking Mill licence was beyond the scope and jurisdiction under the Rice Milling Industry (Regulation) Act, 1958. For the aforesaid purpose, the attention of the Court is drawn to section 6 (3) of the Rice-Milling Industry (Regulation) Act, 1958. Sub-section (3)of Section 6 may be set out hereunder for the purpose of appreciating the contention of the learned counsel for the petitioner.
(3.) SECTION 6 (3) : "on receipt of any such application for the grant of a licence, the licensing officer shall grant the licence on such conditions (including such conditions as to improvements to existing machinery replacement of existing machinery and use of improved methods of rice-milling, as may be necessary to eliminate waste, obtain maximum production and improved quality and conditions relating to the polishing of rice, on payment of such fees and on the deposit of such sum, if any, as security for the due performance of the conditions as may be prescribed. ";