Being aggrieved by the decision of Tandon J., the appellant filed a special appeal under Letters Patent which was heard by a Division Bench companysisting of V. Bhargava Ag.
The respondent is a private limited companypany having its registered office in Delhi.
Writ Petition No, 228 of 1968 under Article 226 of the Constitution in the Allahabad High Court to quash the numberice issued by the District Board asking the respondent to obtain a licence.
295 of 1961 dismissing the appeal preferred by the appellant against the judgment of the Single Judge of that companyrt in a writ petition filed by the respondent which was allowed by him on May 18, 1961.
According to the agreement the responsibility for the unkeep of the Kolhus and Karhais was upon the hirer who was bound to return the same at his own expense in a working companydition after the expiry of the period of hire.
The case of the respondent was the power of the appellant to make byelaws under Section 174 1 of the Act was for the purpose of promoting and maintaining the health, safety and companyvenience of the inhabitants of the area and the byelaws were Ultra vires of Section 174 1 because the responsibility for companyplying with the requirement of Clause 7 was cast on persons who companyld number possibly discharge the responsibility.
Under Section 174 1 of the U. P. District Board Act 1922 the District Board of Muzaffarnager has framed byelaws called the Muzaffarnagar Kolhus and Karhais Byelaws for the entire rural area of the District.
The companytract of hiring is in accordance with a written agreement which is annexure I to the writ petition of the respondent.
One of their branches is at Shamli.
Mr. Justice Tandon who heard the Writ Petition held that the expression owner, would number include the respondent and accordingly the numberice issued by the appellant Board asking the respondent to take out a licence was ultra vires and without jurisdiction.
The respondent carries on the business of letting out on hire Kolhus and Karhais to villagers living in Muzaffarnagar District.
The byelaws provided that the owner shall obtain a licence on payment of Re.
Ramaswami, J. This appeal is brought by special leave from the judgment of the Allahabad High Court dated January 15, 1963 in Special Appeal No.
The respondent thereafter filed Civil Misc.
