Narinjan Singh vs The State of Punjab and Others

Daya Krishan Mahajan, J.—This is a petition under Article 226 of the Constitution by one Narinjan Singh who was carrying on the business of manufacture of bricks in villages Ghungrali and Kakrala Khurd in the district of Ludhiana and is directed against the order of the District Magistrate, Ludhiana, refusing to renew his licence for the years 1960-61 and 1961-62. The ground on which this renewal has been refused is stated in the orders of the District Magistrate in these terms:

Whereas* * * * * has been found to have been indulging in anti-national activities which tend to cause disharmony likely to result in breach of the peace between different communities in contravention of Sub-clause (iii) of Clause 4 of the Punjab Control of Bricks Supplies Order, 1956, I, Sube Singh, I.A.S., District Magistrate, Ludhiana, hereby order that the aforesaid licence shall not be renewed for the years 1960-61 and 1961-62 for the contravention of Sub-clause (iii) of Clause 4 ibid.

I have made a reference to Sub-clause (iii) of Clause 4 of the Punjab Control of Bricks Supplies Order, 1956, and I find that this order cannot be justified thereunder. There is no provision in the Control Order or in the rules made thereunder authorising the District Magistrate to refuse the grant of licence on the basis on which he has done and none has been pointed out to me by the learned Counsel for the State. Therefore it is obvious that the refusal to grant the licence is wholly against law. The record smacks of the way in which the Petitioner has been unjustly persecuted.

The result therefore, is that this petition is allowed and the District Magistrate is directed to grant the necessary licence to the Petitioner. The Petitioner will have his costs of this petition which are assessed at Rs. 50.