ASHOKBHAI SHIVSHANKAR TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, petitioner has prayed for appropriate writ, direction or order quashing and setting aside the impugned order dated 07.07.2003 passed by the District Civil Supply Officer, Valsad (Annexure A) and the order dated 07.10.2003 passed by respondent No.2, Collector, Valsad in Appeal No.10/2003 as well as the impugned order dated 02.01.2006 passed by the Revisional Authority in Revision Application No.101/2003 and the order dated 05.05.2010 passed in Revision Application No.19/2010 passed by the Secretary, Food and Civil Supplies Department, State of Gujarat by which the license in favour of the petitioner to run Fair Price Shop has been cancelled.

(2.) Petitioner was granted a license to run Fair Price Shop at Vapi, Taluka Pardi, District Valsad. That on the basis of the surprise checking by the District Supply Officer, Valsad on 08.04.2003, 09.05.2003, 09.04.2003 and 10.05.2003, various irregularities were found in supply of kerosene and it was found that 180 liters of kerosene was sold without any entry in the 46 cards and duplicate bills were issued with respect to total 526 liters of kerosene and the same was sold for which there were no entries in the ration cards. That after giving an opportunity to the petitioner, by order dated 07.07.2003, the District Supply Officer, Valsad passed the order to cancel the license of the petitioner to run the Fair Price Shop. That being aggrieved and dissatisfied with the order passed by the District Supply Officer, Valsad dated 07.07.2003, petitioner preferred Appeal before the Collector, Valsad which came to be dismissed by the Collector, Valsad by order dated 07.10.2003. Being aggrieved and dissatisfied with the aforesaid two orders, petitioner approached the State Government Revisional Authority by filing Revision Application No.101/2003 and the same came to be dismissed by the State Government by order dated 02.01.2006. It appears that against the aforesaid orders, petitioner preferred Special Civil Application No.21933/2006 and the learned advocate appearing on behalf of the petitioner withdrew the same with a view to make representation to the State Government. That thereafter petitioner approached the State Government again which was numbered as Revision Application No.19/2010, which has been dismissed by the impugned order passed by the State Government. Being aggrieved and dissatisfied with the aforesaid orders in cancelling the license in favour of the petitioner to run Fair Price Shop, petitioner has preferred the present Special Civil Application under Articles 226 and 227 of the Constitution of India.

(3.) Shri Patel, learned advocate appearing on behalf of the petitioner has vehemently submitted that the order passed by the District Supply Officer, confirmed by the Appellate and Revisional Authorities, is in breach of principles of natural justice and there was no material before the District Supply Officer with respect to the alleged irregularity committed by the petitioner. It is submitted that the statements of ration card holders were not recorded and if recorded, the same are not given to the petitioner. Therefore, it is requested to admit/allow the present petition. No other submissions have been made.