MALADEVI ALIAS MALAVATI v. DISTRICT MAGISTRATE HARIDWAR
WPMS/2701/2022 · 2025-05-14
Rakesh Thapliyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12224 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12224 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3854 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS No. 2701 of 2022
Hon’ble Rakesh Thapliyal, J.
1. Mr. Parikshit Saini, learned counsel for the petitioner. 2. Mr. Devesh Ghildiyal, learned Brief Holder for the State. 3. In compliance to the previous order the District Magistrate joined the proceedings through V.C. along with the District Supply Officer. Both the officers apprise to this court that for issue of fresh licence the procedure has to be adopted and the petitioner should compete with other persons. 4. So far as the renewal of the licence is concerned both the officers apprise to this court that there is a stipulated period of 60 days for applying renewal of licence and since the petitioner submitted her application for renewal after the statutory period, therefore, the renewal application was rightly rejected, since the power for condoning the statutory period is not vest with the District Magistrate. 5. Be that as it may admittedly earlier licence was given to the petitioner’s husband, which was transferred to the petitioner after the death of the husband in the year 2010 and uptill March, 2020 the licence was extended time to time and in March, 2020, there was a pandemic Covid-19 and everybody was affected due to the said pandemic and the petitioner could not submitted an application for renewal within 60 days as the petitioner submitted application for renewal on
09.09.2020. 6. Keeping in view that there was a pandemic Covid-19 at the relevant point of time and as such period of 60 days has to be relaxed but the District Magistrate apprise to this court since the power is not vest with the District Magistrate and refer the matter to the Government and the Government remitted the matter to the District Magistrate with the direction to proceed in accordance with law. 7. Admittedly, the petitioner was the licence
2025:UHC:3854 holder of Petty Diesel Retail Outlet but the same could not be renewed merely on the ground that the application for renewal could not be submitted within stipulated period. 8. Now, this court is again remitting the matter to the District Magistrate to consider the renewal application afresh by treating the said application well within time, keeping in view that at the relevant point of time there was a Covid-19 pandemic. 9.
The District Magistrate shall take the decision within 15 days from the date of receipt of this order. 10. Subject to the observation and direction as above, the writ petition is finally disposed of. (Rakesh Thapliyal, J.) 14.05.2025 PR
POOJA Digitally signed by POOJA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=20de6817a968f6b259137535cd20ae0aa bc071792cf3b967c166f1f9777d2df9, postalCode=263001, st=UTTARAKHAND, serialNumber=C1F86C3C515DA418A38C7E1A603 89068B79D0D8CDF244993ED8CB408A9121FC3, cn=POOJA Date: 2025.05.15 14:10:14 +05'30'
2025:UHC:3854