KANTIBHAI AMBABHAI SAVALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India seeks to quash and set aside order dated 13-5-2011 passed by the Authorized Officer and Auditor Gr.II, New Post-I, District Registrar, Cooperative Societies, Junagadh, whereby application filed by the petitioner raising objections qua inclusion of names of ineligible persons shown at Annexures-C,L and M to vote as far as traders' constituency is concerned was disallowed. THIS petition also seeks to quash and set aside issuance of licenses and/or renewal of licenses by AMPC, Junagadh, in the meeting dated 22-3-2011.

(2.) AN advertisement was published on 16-3-2011 inviting applications for issuance of license by Agricultural Produce Market Committee ('APMC' for short), Junagadh. In pursuance thereto, applications of as many as 547 persons were allowed on 22-3-2011. Against the same, the petitioner submitted application on 23-3-2011 addressed to Shri M.D.Chauhan, the respondent No.2-Director, Agricultural Marketing and Rural Finance, Gandhinagar, raising objections. The respondent No.2, therefore, gave instructions vide letter dated 24-3-2011 to respondent No.3-Deputy Director and District Registrar, Agricultural Marketing and Rural Finance, Junagadh. The respondent No.3 thereafter prepared a report which is produced along with the affidavit-in-reply filed on behalf of respondent No.6 from page 130 onwards. However, the objections raised by the petitioner were not considered as communicated vide order dated 13-5-2011 passed by the respondent No.5. Hence, the present petition.

(3.) IT is very difficult to agree with the said submission in view of the provisions of Sec.27 of the Gujarat Agricultural Produce Markets Act, 1963('the Act' for short) which provided that no license shall be suspended or cancelled unless the holder thereof has been given a reasonable opportunity to show cause against such suspension or cancellation and, therefore, only on the basis of said report, at this juncture, licenses granted by the Committee by decision dated 23-3-2011 cannot be suspended or cancelled.