LAWS(GJH)-2008-2-75

JAIPALSINH PRATAPSINH SOLANKI Vs. STATE OF GUJARAT

Decided On February 11, 2008
JAIPALSINH PRATAPSINH SOLANKI Appellant
V/S
State of Gujarat and Others Respondents

JUDGEMENT

(1.) INVOKING the writ jurisdiction under Article 226 of the Constitution, the petitioner has prayed for issuance of appropriate writ, direction or order to quash and set aside order passed by respondent No. 2 dated 22. 4. 1996, confirming the order passed by the District Civil Supply Officer cancelling the retail fair price shop licence No. 199/1983 issued for distribution of kerosene and forfeiting the amount of deposit of Rs. 750/- of the petitioner. It is also prayed that order passed by the State Government dated 29. 6. 1996 also be quashed. The legality and validity of these orders have been challenged on various grounds mentioned in the memo of petition.

(2.) BACKBONE of the say of the present petitioner is that the authorities have accepted the charges as proved, which are based on 'no evidence'. No evidence worth name was supplied to the petitioner in support of the charge and, therefore, all these orders are violative of principle of natural justice and, therefore, cannot sustain in the eye of law.

(3.) I have considered the contentions raised by the petitioner in the memo of petition as well as the charges that were levelled against the present petitioner as the same are reflected in the notice to show cause issued to the petitioner dated 30. 7. 1994.