DALPATBHAI BAVABHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr Bukhari, AGP appears for the respondent authorities and waives service of notice of rule. In the facts and circumstances of the case, the matter is taken up for final hearing today.

(2.) This petition is filed for quashing and setting aside the order passed by the District Supply Officer on 30th September, 1996 , confirmed by the Collector on 27th March, 1997 as also by the Government on May 19, 1998.

(3.) The petitioner was carrying on business as retailer in kerosene since 1981. It was his case that on August 16, 1996, on account of betrothal of his son, he was required to go out and his shop remained closed for one day. According to him, unfortunately, on the same day, there was surprise checking and his shop was found closed. It was also alleged that record could not be inspected as the shop was closed. It was further alleged that in the price board, particulars about the quantity and price were not mentioned. Notice to show cause as to why deposit amount should not be forfeited and licence should not be cancelled was issued. An order was passed by the District Supply Officer cancelling the licence and confiscating the deposit amount of Rs. 250.00 which was confirmed by the authorities below.