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Judgment
Binod Kumar Roy and S. K. Jain, JJ.—The petitioner has come up with a prayer to declare last portion of the proviso to clause 4 (c) of the Control Order as ultra vires to Article 19(1)(g) of the Constitution of India which reads thus :
"No application for renewal of a licence shall be entertained after sixty days of the date of expiry of the licence under any circumstances."
Sri Ramendra Asthana learned counsel appearing on behalf of the petitioner contended that as Article 137 of the Indian Limitation Act prescribes a period of three years limitation, thus the curtailment of three years period to a period of sixty days only has infringed the petitioner''s rights to trade and profession as guaranteed under Article 19(1)(g) of the Constitution of India.
To a question put by us as to whether the provisions of the Indian Limitation Act, 1967, are applicable to the authorities under the Control Order?. Mr. Asthana very fairly takes up a stand that they are not applicable.
Thus, there is no question of applicability of three years rule of limitation to the provisions under Control Order enacted under the provision of the Essential Commodities Act, 1955. Prescribing a period of sixty days only for filing an application for renewal of a licence. In our view, by no stretch of imagination is unreasonable and/or arbitrary and, accordingly, the petitioner''s assertion that his fundamental right as guaranteed under Article 19(1)(g) of the Constitution of India stands breached, has got no force at all,
This writ petition is consequently dismissed, but without cost.
The office Is directed to hand over a copy of this order to Sri H. R. Mishra, learned standing counsel, within one week for its Intimation to the authority concerned.