VINODKUMAR BAVABHAI Vs. DEPUTY COLLECTOR GONDAL

JUDGEMENT

(1.) Rule. Mr. B. M. Mangukia Ld. AGP waives the service of rule for the respondents. Rule to be heard today. 2 In this petition filed u/Art. 227 of the Constitution of India the petitioner a partnership firm carrying on business of Crude Oil Kerosene Lubricant and Cement holding licence under the Gujarat Essential Articles (Licensing Control and Stock Declaration Order 1981 hereinafter be referred to as the said order challenges the action of the respondents of confiscating 50% of the stock seized.

(2.) The petitioner is a licence-holder and his notified place of business is at Gundala road Gondal. The premises of the partership firm were visited by Dy. Mamlatdar Civil Supplies and after search of the premises he found that the petitioner had committed certain irregularities/illegalities with respect to the stock of cement kerosene and crude oil and therefore on being satisfied that there was contravention of the provisions of the aforesaid order he seized the said stock in exercise of the powers conferred upon him by Clause 26 of the said order.

(3.) The Deputy Collector was thereafter pleased to issue a show-cause notice dated 11-11-1986 calling upon the petitioner to show cause why the stock of goods seized should not be confiscated for following irregularities: