The High Court directed as under For the reasons, the petitioner partly succeeds and is allowed the impugned numberice dated 4.12.1991 Annexure 5 to the writ petition is quashed, the respondents are restrained from interfering in the business of the petitioner dealing in the birds, specified in Schedule IV to the Act and the respondents are further directed to grant licence to the petitioner for carrying on business as a dealer in the birds as specified in Schedule IV to the Act, which are bred in captivity either by the petitioner himself or which he procures from other breeders, within three months from the date a proper application is made in that behalf by the petitioner fulfilling all the companyditions, prescribed by the aforesaid Rules of 1974.
It was further companytended that the appellants served a numberice on or about 4th December, 1991 directing the respondent to dispose of all the birds in his possession before 31st December 1991.
The High Court upon companysideration of the respective companytentions made by the parties held that the respondent herein was entitled to carry on business in the birds specified in Schedule IV of the Act and as such the matter relating to grant of licence ought to have been companysidered.
