SHIV SHAKTI TRADING CO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.Jagdish Mehta, learned counsel for the petitioner. Mr. M.R. Mengdey, learned Assistant Government Pleader for the respondent Nos.1 to 3. None for the respondent Nos.4 and 5 though served.

(2.) The petitioner, being aggrieved by the order dtd.3/6/1992 passed in Case No.RAJ-1092-1746-J by the Dy.Secretary, Food and Civil Supply Department, is before this Court with a submission that the State Government could not refuse to exercise the power only on the ground that despite the orders passed by the Collector, licence issued in favour of the petitioner was not cancelled.

(3.) It is to be noted that the petitioner's application for grant of kerosene vending licence was allowed, a licence was issued but, thereafter, on an appeal by one Naranbhai Govindbhai, the Collector vide his order dtd.12/5/1992 directed the Mamlatdar to cancel the licence though in the said appeal the petitioner was not joined as party respondent. Being aggrieved by the Collector's order dtd.12/5/1992, the petitioner filed Revision No.1092-1746-J which has been rejected simply on the ground that the licence on the date of the order was not cancelled, therefore, no orders could be passed in the revision.