LAWS(GJH)-2007-12-129

JADEJA NARENDRASINH INDUBHA Vs. STATE OF GUJARAT

Decided On December 18, 2007
Jadeja Narendrasinh Indubha Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution Of India , 1950 is filed with following prayers:

(2.) The present petitioners are the owners of Aatachakki (Ganti) at Bhavnagar. It is the case of the petitioners herein that the impugned circular/ order dated 10th/13th April, 2007, whereby the respondents had directed the petitioners to mix the iron and folic acid in flour and further registration of Ghanti is made compulsory by order dated 8.1.2007 whereby the respondent authority has exercised power contrary to law and directing the petitioners to perform the duties not envisaged by any statute or law time being in force. According to the petitioners, they cannot be compelled to get registration from the respondent-authority, at the same time cannot be forced to mix the iron and folic acid in the flour, since such an act on their part will result into breach of provisions of other statute in existence.

(3.) The contentions raised by the learned advocate appearing for the petitioners are similar to that of Special Civil Application No.2621/2007 dated 18.10.2007 where this Court has rejected all similar contentions raised in this petition which are as under: