INDUSTRIES COMMISSIONER Vs. T. M. SHAH PVT. LTD.

JUDGEMENT

(1.) xxx xxx xxx.

(2.) The respondents were original petitioners. The petitioner No. 1 was dealing in purchase and sale of varieties of coal. He applied for 600 vagons under the preferential allotment scheme for transporting black coal to Ahmedabad. The said allotment was granted by the Industries Commissioner, Gujarat State, which was sponsoring authority subject to certain terms and conditions. It was the case of the authority that the conditions mentioned in the order were not complied with by the petitioner and hence a notice was issued to the petitioner on July 12, 1978 by the Joint Director of Industries, respondent No. 4 in the petition to show cause as to why it should not be denied for such period as was deemed fit and proper on behalf of the authorities. The reply to the said show-cause notice was given by the petitioner to respondent No 4 on July 28 1978. It appears that the authorities were not satisfied and accordingly an order was passed on September 6, 1978, Annexure F to the petition, taking some action against the petitioner.

(3.) Being aggrieved by the said order the above petition came to be filed. When the matter came up before the learned single Judge, the learned single Judge was satisfied that apart from the fact that order did not contain reasons, number of factors which ought to have been taken into account while passing the order and principles of natural justice which ought to have been observed were not observed and hence by way of interim order certain directions were issued on October 15, 1978, without quashing and setting aside the order passed by the authorities.