NAND KISHORE PRASAD SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-5-77
HIGH COURT OF JHARKHAND
Decided on May 15,2013

NAND KISHORE PRASAD SINGH Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties. The petitioners have approached this Court for the following relief:-- (i) An appropriate writ, order or direction for quashing the condition imposed while renewing the licence for Bar & Restaurant of the petitioner for the year 2013-14, whereby the petitioner has been required to submit an approval for commercial use of the place of business of the petitioner within one month failing which it has been stated that the renewal of the licence of the petitioner shall itself be deemed to have been cancelled.
(2.) Petitioners have been allowed to run Bar and Restaurant on the basis of excise licenses for the last several years in the same premises which are said to be residential in nature. However, on this occasion, while renewing the license for the year 2013-14, respondents have imposed condition upon the petitioners to get permission of commercial use of premises in question, failing which, petitioners' excise licenses should be treated as revoked w.e.f. 30.4.2013.
(3.) On the last date, after hearing the parties the matter was adjourned in order to enable the learned counsel for the Respondents-State to justify the source of power to impose a condition while renewing the license for the year 2013-14 that the petitioners were required to get permission of commercial use of the premises, in question, failing which the petitioners' license should be treated as revoked w.e.f. 30th April, 2013.;


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