STATE OF GUJARAT Vs. BABUJI MULAJI MARVADI

JUDGEMENT

(1.) The appeal is admitted for hearing on the following substantial questions of law:

(2.) The plaintiff was awarded a license for distribution of kerosene among the card-holders attached to his ration shop. Apprehending a foul play on the part of the State Government, the plaintiff filed a civil suit for the following reliefs:

(3.) Shri Dipen Desai, learned Counsel for the appellants, submits that the suit was premature because there was no cause of action in favour of the plaintiff. According to him, in a case of policy, the State would always be entitled to take an action against the license holders if the terms and conditions of the license are violated or the State proposes to change its policy. He also submits that the State did say before the learned Civil Judge that they had not taken any action and under the circumstances, therefore, the suit was premature. Even before this Court, it is stated that if any action is to be taken against the plaintiff, it would be taken in accordance with Kerosene Distribution Order or the terms of the license and in accordance with law.