(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. This Letters Patent Appeal has been filed challenging the judgment dated 23.7.2010 passed by the learned Single Judge in Special Civil application NO.10381 of 2002. The appellant was granted licence in the year 1981 for water trolley outside ST bus stand. The licence was cancelled in the year 2000 on the ground that the licence has been sub-let to some other person. The petitioner challenged the order of cancellation and the learned Single Judge has dismissed the writ petition by making following observations.
"3. Heard learned counsel for the respective parties and perused the documents on record. The petitioner was allotted the trolley on 02.03.1981, subject to certain conditions, mainly on the ground that her husband, who was an employee of the petitioner-Corporation, had met with an accident during the course of employment and had sustained severe bodily injuries. It was necessary that the petitioner makes use of the said trolley, as per the terms of Licence. However, on necessary inquiry, it was found that the petitioner had sub-let the said trolley to a third party on rental basis, which was contrary to the conditions of Licence. On account of the aforesaid breach committed by the petitioner, the respondent-Corporation refused to renew her Licence. Looking to the facts of the case and the evidence on record, I am of the view that no illegality has been committed by the respondent-Corporation by not renewing the Licence of the petitioner. Hence, I find no reasons to interfere in this petition."
2. We are in agreement with the view taken by the learned Single Judge. The petitioner is not operating her licence for the last 12 years. Learned counsel for the appellant has urged that ST Corporation has not given licence to anybody. For the aforesaid reasons, we do not find any reason to disagree with the view taken by the learned Single Judge. The Appeal is devoid of any merits and it is accordingly dismissed.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji Top