It did number decide the third point raised on behalf of the respondent.
X of 1922 ii the respondent had paid the necessary licence fees under the U.P. Rice and Dal Control Order, 1948 and the U. P. Pure Food Act, 1950 and companyld number be asked to pay the licence fees over again under the District Boards Act and iii in any case the levy was too high and number in proportion to the actual and probable expenses which the District Board would have to incur in companytrolling or regulating trade and was meant to augment the general revenues of the District Board.
The District Board then applied for a certificate to appeal to this Court, which was granted and that is how the matter has companye up before us.
372 of 1956.
Appeal from the judgment and order dated January 18, 1956, of the Allahabad High Court in Special Appeal No.
43 of 1955.
XXVI of 1947, the District Board had been divested of its power and jurisdiction in the matter of regulation and companytrol of trade under the relevant provisions of the U. P. District Boards Act, No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
20/ as licence fee per year per mill.
His companytention in this companynection was three fold, namely i After the companystitution of Gaon Sabha Barapur under the U. P. Panchayat Raj Act, No.
In 1953 the District Board, Ghazipur, in which district the village is situate, enforced bye laws for the regulation and companytrol of flour, rice and oil mills in the rural areas of the district under which a licence has to be obtained by such mills on payment of Rs.
8/ on each mill within its jurisdiction and the respondent had been paying that as well.
P. Sinha and P. C. Agarwala, for Intervener No.
Radheylal Agarwala and P.C. Agarwala, for intervener No.
226 of the Constitution.
P. Singh and K. P. Gupta, for the respondent.
The Judgment of the Court was delivered by WANCHOO J. This is an appeal on a certificate granted by the Allahabad High Court.
The respondent is carrying on the trade of hulling rice, milling grains and extracting oil in village Nandganj within the area of Gaon Sabha Barapur.
C. Mathur, for the appellant.
Further the Gaon of Rs.
When the respondent was served with a numberice to take out a licence for each mill and to pay the licence fee, he objected to the legality and validity of the levy and thereafter filed a writ petition in the High Court under Art.
October 26.
Frank Anthony and M. I. Khowaja, for Intervener No.
He obtained licences for the three trades under the United Provinces Rice and Dal Control Order, 1948, as also under the Uttar Pradesh Pure Food Act, 1950.
