Cargo Boat and Steel Barge P. Welfare Association and anr. Vs. State of A.P. and ors. - Court Judgment

Excerpt:
civil - license - administrative law - appellants had valid licences - high court directed that old operators shall be permitted to continue their operation for six months by which period they shall replace wooden barges by steel barges - such direction of high court held not proper by supreme court - so long as appellants continue to hold licences they are entitled to operate their barges - it is for licensing authority to act in accordance with law. - .....applies for a licence will be dealt with in accordance with law by the licensing authority. the appeal is disposed.....

Judgment:
ORDER

1. Leave granted.

2. The grievance of the appellants is that they have valid licences but the High Court has put a time period for utilising those licences. Therefore, the direction of the High Court that the old operators shall be permitted to continue their respective operations for a period of six months, by which period they shall replace their wooden barges by the steel barges of approved standard and in case such replacement is not done, the respondent-authorities shall be free to cancel license/refuse permission for operating wooden barges, does not appear to be proper in the facts of this case. So long as the appellants continue to hold the licences they are entitled to operate their barges. It is for the licensing authority to decide whether the licences will be cancelled or extended or revoked in accordance with law.

3. It is clarified that not only the appellants but whosoever applies for a licence will be dealt with in accordance with law by the Licensing Authority. The appeal is disposed of.