TMI Blog2015 (6) TMI 1090X X X X Extracts X X X X X X X X Extracts X X X X ..... re accordingly quashed. - Writ Petition No.29894 of 2011 - - - Dated:- 11-6-2015 - C.V. NAGARJUNA REDDY J. Mr. P. Sridhar Reddy for the Petitioner. AGP for Civil Supplies (A.P) for the Respondent. ORDER: This writ petition is filed for a Mandamus to declare Circular Memo No.3255/L2/2011, dated 26.08.2011, of respondent No.1 and consequential Circular Memo No.1857/B/11, dated 12.09.2011, of respondent No.3 as illegal and without jurisdiction. The petitioner has sought for a direction to the respondents to renew his repairer license without insisting for deletion of the word Corporation from the name of his business establishment. 2. I have heard Mr. P. Sridhar Reddy, learned counsel for the petitioner, and the learned Government Pleader for Civil Supplies (A.P). 3. The petitioner averred that he is a skilled worker authorized to repair heavy and light weights and measures having passed skill workers test. That he has started an establishment in the name and style Venkateswara Weighing Machine Corporation in the year 1969 and been running the same by obtaining repairers license under the provisions of the Standards of Weights and Measures Act, 1976 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ller is empowered to prescribe such conditions as he deems fit while granting license. 7. I have carefully considered the respective submissions of the learned counsel for the parties. 8. For appreciation of the respective submissions, certain statutory provisions need to be noticed. Section 23 of the Act reads as under: Prohibition on manufacture, repair or sale of weight or measure without license :-- (1) No person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a license issued by the Controller under sub-section (2): Provided that no license to repair shall be required by a manufacturer for repair of his own weight or measure in a State other than the State of manufacture of the same. (2) For the purpose of sub-section (1), the Controller shall issue a license in such form and manner, on such conditions, for such period and such area of jurisdiction and on payment of such fee as may be prescribed. 9. Section 53 of the Act reads as follows: Power of State Government to make rules :-- (1) The State Government may, by notification, and after consultation with the Central Government, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... weight or measure shall make an application for the renewal of a license within thirty days before the expiry of validity of the license to the Controller of Legal Metrology or such other officers as may be authorized by him in this behalf, in the appropriate form set out in Schedule II-B. (3) Every license issued to a manufacturer, repairer or dealer shall be in the appropriate form set out in Schedule III. (4) Every license issued to a manufacturer, repairer, or dealer shall be valid for a period of one calender year and may be renewed from one calender year to another calender year by the Controller or such other Legal Metrology Officer as may be authorized by him in this behalf on payment of such fee as specified in the Schedule IV. (5) The fee payable for the alteration of a license or for the issue of a duplicate license shall be as specified in the Schedule IV. Provided that an additional fee at full the rates specified in the Schedule IV shall be payable by the applicant if he is permitted by the Controller to make an application for the renewal of a license within a period of three months from the date of expiry of the license. (6) The Controller or such oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uments or measuring instruments, of Schedule III of the Rules read as under: 1. The person in whose favour this license is issued shall. (a) Comply with all the relevant provisions of the Act and Rules for the time being in force; (b) Not encourage or countenance any infringement of the provisions of the Act or the Rules amended from time to time. (c) Exhibit this license in some conspicuous part of the premises to which it relates; (d) Comply with any general or special directions that may be given by the Controller of Legal Metrology; (e) Surrender the license in the event of closure of business or suspension or cancellation of License; (f) (i) Present the weights, measures, weighing or measuring instruments as the case may be duly repaired to the Legal Metrology Officer in whose jurisdiction it is put into use, before delivery to the user. (ii) In the case of weights, measures weighing or measuring instruments, if they are serviced/repaired before the date on which the verification falls due and where, in the process and the verification stamp of the Legal Metrology Officer is defaced, removed or broken, they shall be presented duly repaired to the legal ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
