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2015 (12) TMI 1039 - HC - Indian LawsDenial of renewal of license - having two licenses - whether the respondents are entitled to reject an application for more than one licence under the provisions of the said Act - Held that:- Far from prohibiting the issuance of more than one licence, the Act contemplates the issuance of more than one licence to an applicant. Further, although the rule making power prima-facie entitles the respondents to impose conditions including restricting the number of licences that an applicant may be issued, it has not been exercised. Thus, under the provisions of the Act and the Rules, an applicant is entitled to apply for more than one licence. - If a licencee indulges in evading VAT on account of holding two licences, the authorities concerned are always at liberty to take appropriate action against the licencee. Mr. Bedi attempted to establish that the petitioners in the present case have failed and neglected to make appropriate declarations and to furnish the requisite information as required by Rule 24(12) and (14) of the Rules. If the licencees have failed to do so and thereby committed breaches of the conditions of the licences, the respondents have the power under Section 10(2) of the Act to cancel the licence or even to refuse to renew the same. The conduct of a party is not relevant in the interpretation of the statutory provisions. There is nothing which prevents the respondents from introducing necessary amendments, even with retrospective effect, prohibiting the grant of licences under both the categories. Mr. Bedi stated that the State of Haryana intends doing so. We obviously cannot at this stage express any opinion about the validity of a provision to which our attention has not been invited and which has not as yet come into force. - respondents directed to consider the petitioners' applications for renewal of licences. The same shall not be refused only on the ground that the petitioners already hold a licence under one of the categories - Stay granted.
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