sk 1 wp2517.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.2517 OF 2011 Maharashtra Vajanmaap Parwana Dharak Sanghatan : Petitioner V/s. Controller Weights and Measures Department Legal Metrology Section, State of Maharashtra, Mumbai & Ors. : Respondents .... Ms Gayatri Singh for the petitioner. Mr.Nitin Deshpande, Asstt. Govt. Pleader for respondent nos.1 & 2. Mr.Rajendra Desai for respondent no.3. .... CORAM : S.A. BOBDE AND SMT.V.K.TAHILRAMANI,JJ. DATE : NOVEMBER 16, 2011. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard finally by consent of parties. 2. The grievance of the learned counsel for the petitioner, inter alia, is that the petitioner had applied for licence for a period of five years and they were issued licence for one year and in one of the cases the grievance is that no orders have been passed though the applications are sk 2 wp2517.11 pending before the Asstt. Collector. In one case of Librar Systems, the grievance is that though licence has been renewed till 2014, Librar Systems is not being allowed to conduct its business. The details are given in the affidavit of one Girjakant Shobhanath Upadhyaya as follows:- “i) Licence was issued to M/s.Vinay Scale Services for five years. ii) Appeal No.13 of 2001 of Aarati Business Machines who has been issued licence for only one year (January, 2011 to December, 2011) contrary to the provisions of the Act. iii) Appeal No.26 of 2011 of Vandana Scale Service who has also been issued licence for one year. iv) Appeal No.27 of 2011 of Allwyn Scale has also been issued licence for one year, but licence has not yet been given. v) Appeal No.40 of 2011 of Trimurti Scale Co. who has been renewed licence for one year subject to payment of Rs.2000/- whereas the sk 3 wp2517.11 required amount is Rs.500/-. This amount has already been paid as is evident from the fact that it is deposited in the funds of the department A/c. Head -1475. vi) As regard Allwyn Wayrite no orders have been passed though their applications are pending before the Asstt. Contrtoller. Since no order has been passed by him, no appeal has been filed. vii) As far as Librar Systems is concerned the licence has been renewed till 2014 but despite this work has been stopped. In view of the fact that licence has been renewed, Librar System should be allowed to conduct its business.” 3. Mr.Deshpande, the learned Asstt. Govt. Pleader for the respondent nos.1 & 2, states that appeals are tenable in respect of item nos.(ii) and (iii). We, accordingly, direct that if aggrieved, the members of the petitioner may file an appeal under section 69 of the Standard of Weights and Measures Act, 1976. As far as item no.(iv) is concerned, the learned sk 4 wp2517.11 Asstt. Govt. Pleader states that the company will be handed over the licence within a period of three days. We accordingly, direct that if aggrieved, the said members may file an appeal under section 69 of the Standards of Weights and Measures Act, 1976. As regards item no.(v), if there is any dispute regarding amount payable by the member, we direct that the same may be agitated by way of an appeal under section 69. Further, as regards item no.(vi) it appears that the authority has passed an order to the effect that no application is pending before it. Ms Singh, the learned counsel for the petitioner, states that an application is indeed pending before the authority. We, accordingly, direct the company at item no.(vi) to give details of the application which is pending before the authority within a period of one week from today. As regards item no. (vii), Mr.Deshpande states that the company Librar Systems will be allowed to conduct the business since necessary details are given about the change of address. 4. Rule is made absolute in the above terms. (S.A. BOBDE, J.) (SMT.V.K.TAHILRAMANI,J.)