TALWAR DIAMONDS Vs. UNION OF INDIA

JUDGEMENT

(1.) We had issued notice to the respondents to show cause why the writ petition should not be admitted. We are of the opinion that as the question which is involved in this petition is a very short one," it would be expedient to dispose of the writ petition itself. We, therefore, issue Rule D.B. and having heard both the counsel we proceed to dispose of the writ petition on merits.

(2.) The writ petition is directed against an order dated 11-7-1986 under which the Deputy Collector, Central Excise, Chandigarh directed the petitioners to stop carrying on business as dealers in gold. This direction was issued in pursuance of an order passed by the Customs, Excise and Gold Control Appellate Tribunal dated 30th May, 1986. The writ petition, therefore, reallyinvolved the question of correctness of the above decision of the Tribunal.

(3.) The petitioner M/s. Talwar Diamonds is a firm consisting of six partners. Three of the partners of the firm are already partners in a firm known as, M/s. Talwar Jewellers which holds a licence as a 'dealer' under the Gold Control Act. The firm, M/s. Talwar Diamonds also applied for a licence in the prescribed form. But this application was rejected by the Deputy Collector, Central Excise, who held that a licence could not be granted in view of R. 2(dd) of the Gold Control (Licensing of Dealers) Rules, 1969. The petitioner filed an appeal to the Collector of Central Excise and this appeal was allowed. Aggrieved by the order of the Collector the Excise Department preferred an appeal to the Tribunal which allowed the appeal and restored the order of the Deputy Collector. Hence the present writ petition.