SALOM THOBHANI Vs. STATE OF CHATTISGARH

JUDGEMENT

(1.) THIS writ petition arises out of the proceedings initiated by the Collector (Food), District Koriya, the second respondent herein under the Chhattisgarh Kerosene Dealers Licensing Order, 1979 (for short 'Licensing Order') confiscating the tanker bearing registration No. CG-10A/4723 and 12 Kiloliters of kerosene found therein.

(2.) THE facts of the case in brief are as follows:

(3.) THE second respondent-Collector (Food), however, without referring to the specific plea of the petitioners No.1 and 2 as set out in their replies to the show cause notice, but finding technical violation on the part of the petitioners in sending the tanker meant for Surguja to Koriya, passed the order confiscating the tanker bearing registration No.CG-10A/4723 and the kerosene contained therein and also forfeiting the security deposit furnished by the petitioners which was lying with the department, by his order dated 28-5-2004. By the same order, the dealership licence granted in the name of the petitioner No.1 was also cancelled. The petitioners, being aggrieved by the above order of the second respondent, preferred appeal No.F6.15/Khadya/04/29 to the State Government. The Government also summarily dismissed the appeal without considering the specific plea and explanation offered by the petitioners No.1 and 2 in their replies to the show cause notice issued by the Collector (Food), District Koriya. Hence, this writ petition by the aggrieved persons.