KHATKI AHMED MUSHABHAI versus LIMDI MUNICIPALITY

KHATKI AHMED MUSHABHAI versus LIMDI MUNICIPALITY

The ground for refusal of the meat shop licence by the municipality is neither irrelevant nor unreasonable under Article 19(6) of the Constitution of India. The municipality's discretion was properly exercised and no fundamental right was infringed.

Parties
Petitioner: Khatki Ahmed Mushabhai; Respondent: Limdi Municipality
Jurisdiction
India
Judgment Date
20 November 1978
Procedural Posture
Special Leave Petition (civil) / Supreme Court Order on Special Leave Petition
Outcome
Petition dismissed
Legal Topics
Right to Trade, Licensing Discretion, Article 19(1)(g) Constitution of India, Reasonableness of Restrictions
Constitutional Law Administrative Law Local Government Law Right to Trade Licensing Discretion Article 19(1)(g) Constitution of India Reasonableness of Restrictions

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Parties

Khatki Ahmed Mushabhai

Petitioner

Limdi Municipality

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Order on Special Leave Petition

Legal Issues

  1. 1 Whether the refusal of a meat shop licence by the local municipality offends the fundamental right under Article 19(1)(g) of the Constitution of India
  2. 2 Whether the municipality's discretion to grant or refuse licensure is unreasonable or arbitrary under Article 19(6)

Ratio Decidendi

The ground for refusal of the meat shop licence by the municipality is neither irrelevant nor unreasonable under Article 19(6) of the Constitution of India. The municipality's discretion was properly exercised and no fundamental right was infringed.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition is dismissed.