SURESHBHAI H SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein has a petrol-diesel outlet at GIDC, Odhav, Ahmedabad, and has licence to do business as a retailer of these products issued by the licensing authority. On 6th May 1998 an inspection/spot check was carried out at the petrol pump of the petitioner wherein certain irregularities were noticed and further action taken. A show cause notice was issued to the petitioner. Three averments were made (1) There was a short supply of 43 ml. for every 5 litres of petrol (on an average); (2) the management of the petrol-diesel outlet was conducted by some person other than the licensee; and (3) the sample of the petrol drawn was found, on a laboratory analysis, not to be in conformity with the prescribed standards.

(2.) The petitioner submitted his written explanation to the show cause notice, and after considering the said reply and the materials placed on record by the petitioner in support of his defence, the Deputy Director of Civil Supplies, namely respondent No.2 by order dated 1st September 1998 cancelled the retail licence of the petitioner.

(3.) Being aggrieved by the said order, the petitioner filed an appeal before the appellate authority, which appeal was dismissed by order dated 28th December 1998. Being aggrieved by the dismissal of the said appeal the petitioner preferred a revision application to the revisional authority, who dismissed the revision by order dated 6th August 1999.