CHIRAG HASMUKHLAL VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. Neeraj Soni, Ld. AGP waives service of rule on behalf of the respondents.

(2.) IN this petition, the petitioner has challenged order dated 31/3/2004 passed by respondent no. 3 cancelling the licences of the petitioner as Stamp Vendor for sale of non -postal stamps. Licences No. SB 424/99 and SB 425/99 have been cancelled with effect from 31/3/2004.

(3.) I have heard Mr. BC Dave, learned advocate for the petitioner and Mr. Neeraj Soni, Ld. AGP for respondents. The concerned officer of the respondents is present with file of the case. The contention of the petitioner with regard to violation of principles of natural justice is not controverted by the otherside. The Ld. AGP has perused the entire file and there is no evidence available with the respondents including office copy of the notice to show that any notice was served on the petitioner. Therefore, it is obvious that the petitioner's say is true. In view of the same, impugned order suffers from vice of violation of principles of natural justice and hence it is required to be quashed and it is hereby quashed and set aside. The matter is remitted to respondent no. 3 for his reconsideration. He is directed to issue notice to petitioner in advance intimating the date of hearing and on the date of hearing, if the petitioner so desires, permit him to produce necessary documents to support his case. After granting adequate opportunity to petitioner respondent no. 3 may take decision within one month from the date of hearing and he will intimate the decision to the petitioner within 15 days thereafter.