JAGDISHBHAI M PARMAR Vs. ADDL DISTRICT MAGISTRATE

JUDGEMENT

(1.) Rule. Ms.Falguni Patel, learned AGP, waives service of rule. With the consent of the parties the matter is taken up for final hearing today.

(2.) The short facts of the case are that the petitioner was granted licence for running fun-fare (Anand Mela) and the licence was issued on 5-7-2003 for running fun-fare from 5-7-2003 to 25-9-2003. The copy of the licence is produced at Anneuxre "A". The said licence was granted on various conditions, which the petitioner had to comply with. It is the case of the petitioner that on 15-7-2003 by the impugned order, the licence came to be cancelled by the Additional District Magistrate, Rajkot without giving any opportunity or show-cause notice to the petitioner and, therefore, this petition.

(3.) Pursuant to the notice issued by this Court, the learned AGP has appeared and she has submitted, inter alia, that as there was breach of conditions of the licence, the authority has taken decision of cancelling the licence. She submitted that the main condition for which there is non-compliance by the petitioner is that the fitness certificate for merry-go-round (Chakrani) is not obtained and the insurance of merry-go-round (Chakrani), Aeroplane, etc., the games and rides is not taken. She also submitted that certain games like dart game, ball-throw game, anka throw game can be said to be gambling activity which was prohibited and, therefore, also the authority found that the licence deserves to be cancelled. She has not been able to deny the contention that any show-cause notice or opportunity of hearing was not given before the cancellation of the licence.