MAHOBATKHAN HASANKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Hemang Parikh, Ld. AGP waives service of rule on behalf of respondents. At the request of the learned advocates the matter is taken up for final hearing today.

(2.) The petitioner has challenged the impugned orders which are at Annexures A, B and C. The petitioner's license for sale of kerosene as a retailer has been cancelled. The stock possessed by the petitioner is also ordered to be confiscated and fine of Rs.12,288/- has been imposed upon him for committing the irregularities that have been stated in the said orders. The petitioner was distributing kerosene in Liliya village in Liliya Taluka of Distirct Amreli. Limited relief that is sought in this petition is that the amount of fine imposed upon the petitioner be reduced.

(3.) I have heard Mr. Shirish Tolia, learned advocate for Mr. HS Tolia for the petitioner and Mr. Hemang Parikh, Ld. AGP for the respondents. Mr. Tolia's submission is that the petitioner is aged person. He has lost the source of his livelihood. Not only that but the amount which was deposited with the Department has been forfeited and fine of Rs.12,288/- is imposed. Fine is double the amount of the value of kerosene which is alleged to have been illegally sold by the petitioner. Mr. Tolia, to support his submission, has drawn my attention to averments made in the proceedings before the authorities below.