SIDDARDH S PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matters were called out in the first round, second round and lastly in the third round, but none put appearance on behalf of the parties. Perused the Special Civil Applications.

(2.) As these two Special Civil Applications have been filed by one and the same petitioner, they are taken up for decision together, and are being disposed by this common order.

(3.) The petitioners are challenging the validity and legality of the order dated 2.3.1984 of the Deputy Secretary, Food and Civil Supplies Department, Gujarat State, Gandhinagar in Revision Application No. 183/93. The petitioner's father was granted licence and agency of Indane Gas on 27th October, 1985. Father of the petitioner was carrying on the business till 18.4.1990. The petitioners' father expired on 18.4.1990. Under the will executed by the father of the petitioner, the agency was to be transferred in the name of two sons, the only survivors, the petitioners herein. The petitioners submitted that Indian Oil Corporation has transferred the agency in the name of the present petitioners and agreement to that effect was executed on 23rd March, 1993. After grant of the aforesaid agency the petitioners made application to the Collector and District Civil Supplies Officer, to issue revised licence in the name of the present petitioners. This application was stated to be sent on 20th April, 1990 under certificate of posting. Reminder was sent by the petitioner to the aforesaid application on 5.8. i 992. Under letter dated 22.2.1993 of the respondents, the petitioners were called upon to comply with the requisition made there and the petitioners complied with the same. Thereafter, the petitioners prayed for revising/renewal of licence vide application dated 29.3.1993. During the processing of the aforesaid application the petitioner's business premises were visited by the Inspector from the Office of the Collector. On inspection it was found that the licence is not renewed and the Inspector reported that the petitioners are carrying on business of gas agency without any valid licence. In addition to that other discrepancies were also found. Proceedings for cancellation of the licence was initiated and under order dated 23rd March, 1993 the licence of the petitioners came to be cancelled, which was in the name of their father. Further order has been made for forfeiture of the amount of security deposit. Against this order the petitioners filed appeal on 27th April, 1993. However, interim relief was granted, but ultimately the appeal came to be dismissed under order dated 17th September, 1993 of the appellate authority. Against that order the petitioner preferred revision application before the State Governmenl and during the pendency of the revision application also interim relief has been granted in their favour. On 23rd March, 1994 that revision application was dismissed and hence this Special Civil Application.