R.K.MERATHIA, J. - (1.) MR . Sahani, learned counsel appearing for the petitioners, submitted that earlier the licenses were rejected on the ground of minority/age of the petitioners and that in view of the last paragraph of the order dated 22.4.2009, passed in WPC No. 1461 of 2007, petitioners made fresh application but no orders have been passed thereon. On the other hand, counsel for the State, referred to the following
(2.) PORTIONS of the said order. " Pursuant to frequent check and supervision it was found by the licensing authority that there were several irregularities committed by the hawkers, for instance, the same was being run through proxy and they did not operate themselves and further they were violating the terms and conditions of the license and it was felt necessary to check the antecedent and character of the hawkers and in that background notices were issued on 5.10.2005 asking the licensees to appear before the authorities along with photograph, identity card, stock register, measurement and other necessary documents. The petitioners duly appeared before the licensing authorities and on perusal of the relevant paper it was found that some of the documents were forged and other documents were also found unsatisfactory. Pursuant thereto a Committee was constituted to review the cases for the purposes of suspension and cancellation of licenses in the chairmanship of the Deputy Commissioner. Resolutions were passed by the Committee either to suspend or cancel after conducting the enquiry. The discrepancies found were not satisfied even on being afforded opportunity. The court found glaring errors, for instance some were minors and some were not even born when they were issued the license. Be that as it may, the fact remains that opportunities were given, the committee was appointed followed by another opportunity to produce documents which was duly verified and considered by the Committee and was found to be forged. Thus no legal right accrues in their favour since any order obtained on forged document is a nullity right at the inception. Considering the aforesaid facts and circumstances of the case the appellate authority also rejected the same. The licensing authority order was confirmed and the present writ petition has been filed challenging those orders. The law in this regard is well settled and the issue is no more resintegra. If an order has been obtained as in this case, the license based on forged document or false document it is a nullity right at the inception and no legal right accrues in favour of such person. The Hon'ble Supreme Court has held that in such cases even the principles of natural justice can be dispensed with since the very basis of obtaining such order/license is based on false and forged documents. It is also evident that the petitioners were minor and some were not even born at that point of time which also reflects the antecedent and character. Considering the aforesaid facts and circumstances of the case, this writ petition is devoid of any merit and the same is accordingly dismissed. However, in case of any fresh consideration, the petitioners are at liberty to apply for grant of license and the same can certainly be considered in accordance with law prevalent at that point of time". It is submitted that on the basis of the said liberty, the petitioners filed applications before the Licensing Authority, and therefore it may be directed to consider and pass orders on the said applications. In view of the aforesaid order, I am not inclined to issue any further direction to the respondents. Accordingly, this writ petition is dismissed.;