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PETITIONER: THE DISTRICT BOARD, GHAZIPUR
Vs.
RESPONDENT: LAKSHMI NARAIN SHARMA
DATE OF JUDGMENT: 26/10/1960
BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. GAJENDRAGADKAR, P.B. SARKAR, A.K. SUBBARAO, K. MUDHOLKAR, J.R.
CITATION: 1961 AIR 356 1961 SCR (2) 81
ACT: Regulation and Control of Trade-District Board, Power of-If impliedly repealed-Sanitation, connotation of--U. P. District Boards Act, 1922 (U. P. X of 1922), ss. 91(q) and 174-U. P. Panchayat Raj Act, 1947 (U. P. XXVI of 1947), ss. 15 and III.
HEADNOTE: The appellant framed bye-laws for the regulation and control of flour, rice and oil mills under which a licence had to be obtained on payment of licence fee for running a mill. The bye-laws were framed under s. 174 of the U. P. District Boards Act, 1922. The respondent contended that the bye- laws were ultra vires and void as the District Boards had been divested of their powers to regulate and control trade under the District Boards Act on account of s. III of the P. P. Panchayat Raj Act, 1947, which operated in the same field. Held, that the bye-laws had been validly made and that the District Boards were not divested of their powers to regu- late and control trade under the District Boards Act, 1922, by the provisions of U. P. Panchayat Raj Act, 1947. Section 91(q) of the District Boards Act cast a duty on the District Boards to make provisions...