Dev Naryan Singh And Another vs. State Of U.P. And 3 Others

Held

The Court held that no relief could be granted to the petitioners as prayed for. The reasoning was based on the petitioners' failure to produce any document or license to run their brick kiln business. The Court implicitly found that operating a brick kiln without the necessary permissions would not be permissible. Therefore, the petition was dismissed. The operative direction was to leave it open to the petitioner to apply for the requisite license and no objection certificates from the concerned authorities. No specific issues were expressly left undecided, as the petition was dismissed on the primary ground of lacking a license.

Facts

The petitioners, Dev Naryan Singh and another, operating under the name M/s. Jai Brick Field, sought a writ from the High Court to compel the respondents (State of U.P. and others) to permit them to conduct their trade and business. The petitioners stated that the District Administration was preventing them from running their brick kiln business. When queried about the existence of a license to operate the brick kiln, the petitioners' counsel admitted they had not been able to obtain any such document.

Key Issues

1. Whether the petitioners are entitled to a writ commanding the respondents to permit them to conduct their brick kiln business, given the absence of a license? (Question of law and fact, turning on administrative permissions and business operations). Petitioner's contention: The petitioners sought judicial intervention to allow them to operate their registered GST business. They alleged interference from the District Administration. Respondent's contention: The State-respondents did not explicitly argue a case as the Court dismissed the petition based on the petitioner's inability to produce a license. The Standing Counsel was present and heard.