MANGRUBHAI DHAVALUBHAI VAGHERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has challenge the legality and validity of an order dtd. 21/4/2018 passed by the District Civil Supply Officer, Valsad and to sick cancellation of public advertisement dtd. 4/5/2018.

(2.) The background of the facts which has given rise to filing of this petition is that the petitioner is the brother of Somiben Dhavlubhai Vaghera and her sister having the licence of Fair Price Shop under the scheme of Pandit Dindayal Upadhyay vide its Shop No.KAP/48/2005. The licence was transferred in the name of the petitioner pursuant to the application which was been given by Somiben on 5/3/2015. The said application was dealt with by Prant Officer, Dharampur and vide order dtd. 1/6/2016 and accordingly, the licence came to be transferred in favour of the petitioner of the said Fair Price Shop. On a complaint being received by the Mamlatdar, Kaprada on 12/3/2018 without issuance of any show-cause notice, the licence was sought to be canceled and simultaneously, fresh advertisement was to be published and on account of such action of respondent authority, an appeal came to be filed before the District Civil Supply Officer, Valsad in the year 2018 mainly on the ground that there was no opportunity extended and since there was an alleged breach of condition by the petitioner, licence was sought to be canceled and the same entailing civil consequences, opportunity ought to have been given. On account of such situation, the petitioner was constrained to prefer an appeal before the District Collector, Valsad, and when authority was dealing with the said appeal against the order dtd. 21/4/2018, a fresh advertisement was published by an authority in the local daily newspaper on 4/5/2018 to allot the said shop licence. On account of said circumstance, the petitioner had to rush down to this Court by way of present petition under Article 226 of the Constitution of India.

(3.) The petition came to be entertained by issuance of notice and passing following order on 22/6/2018:-