PRINCE SATYANARAYAN KHATIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.Pujari, learned AGP waives service of notice of Rule for respondents No.1 and 2 and Mr.Parekh, learned Counsel waives service of notice of rule for respondent No.3.

(2.) THE only aspect to be considered is whether the order passed by the State Government in appellate jurisdiction can be sustained without recording of the reasons or not .

(3.) THE other aspects are not relevant, however, the relevant facts are that after the remand order is passed by the State Government, the District Collector considered the matter and vide order dated 24.3.2008, the licence and the authorisation for fair price shop was granted to the petitioner. The matter was carried in appeal by respondent No.3 before the State Government. There are allegations, counter allegations and also disputes on the aspect that the proper opportunity of hearing was not given to the petitioner or not. However, in the opinion of the Court, the said aspect may not be of much importance in view of the order passed hereinafter. It appears that the State Government pending the appeal had stayed the order of the District Collector and ultimately vide order dated 10.6.2008, set aside the order of the Collector and observed that the respondent No.3 was entitled for the authorization and licence for fair price shop and the appeal was allowed. It is under these circumstances the present petition before this Court.