NDLI: Rashid Ahmed Vs. The Municipal Board, Kairana, The Union of India and The State of Uttar Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India 19 (6) Arts. 19 (1) 32-Fundamental right to carry on trade
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Uttar Pradesh Municipalities Act, 1916 (2 of 1916)
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Allowed
Headnote	Constitution of India, Arts. 19 (1), 19 (6), 32-Fundamental right to carry on trade-Reasonableness of restrictions imposed U. P. Municipalities Act, 1916, s. 241 (2) (a)-Municipal bye/aw prohibiting carrying on u1holesale trade without permission-Absence of provisions for issuing license to old traders-Provisions permitting grant of monopoly - Legality of byelaw. Byelaw No. 2 of the byelaws of a municipal board, which came into force on the 1st January, 1950, provided that 0 no person shall establish any new n1arket or place for wholesale transactions without obtaining the previous permission of the board, and no person shall sell or expose for sale any vegetable, fruit, etc. at any Place other than -that fixed by the board for. the purpose"; and byelaw No. 4 permitted the grant of a monopoly to a contractor to deal in wholesale transactions at the place fixed as a market. In anticipation of these byelaws the monopoly right to do wholesale business in vegetable for three years was auctioned by the municipal board and granted to the highest bidder and a place was also fixed as the market where such business could be carried on. The petitioner who had been carrying on wholesale business in vegetables at a rented shop with in the municipality for two years before the byelaws came into force applied for a license to carry on his business at his shop but this was rejected on the ground that there was no provision in the byelaws authorizing the grant of any . such license, and he was prosecuted for contravention of the byelaws. He applied under Art. 32 of the Constitution for the enforcement of his fundamental right as a citizen to carry on his business which was guaranteed by Art. 19 (1) of the Constitution. Held (i) . that the prohibition in byelaw No. 2 became absolute in the absence of provision authorizing the issue of a license, and inasmuch as the municipal board had, further, put it out· of its power to grant a license to the petitioner by granting a monopoly, the restrictions imposed Vere not reasonable within the meaning of Art. 19 ( 6) of the Constitution, and the byelaws were accordingly void and the prosecution of the petitioner illegal, (ii) that the fact that the Constitution came into force only after the byelaws had come into force did not affect the petitioner's right to carry on his business.Held also, that an appeal under section 318 of the U. P. Municipalities Act was not _in the circumstances an adequate legal remedy the_ existence of which would disentitle the petitioner from maintaining this application.
Judge	Honble Mr. Justice Sudhi Ranjan Das
Neutral Citation	1950 INSC 12
Petitioner	Rashid Ahmed
Respondent	The Municipal Board, Kairana, The Union Of India And The State Of Uttar Pradesh
SCR	[1950] 1 S.C.R. 566
Judgement Date	1950-05-19
Case Number	10

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Rashid Ahmed Vs. The Municipal Board, Kairana, The Union of India and The State of Uttar Pradesh

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Rashid Ahmed Vs. The Municipal Board, Kairana, The Union of India and The State of Uttar Pradesh

Rashid Ahmed Vs. The Municipal Board, Kairana, The Union of India and The State of Uttar Pradesh

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