LAWS(GJH)-2009-3-289

SALIMBHAI ISMAILBHAI HAJIYANI Vs. STATE OF GUJARAT

Decided On March 26, 2009
SALIMBHAI ISMAILBHAI HAJIYANI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE petitioner has approached this Court with this petition under Articles 226 and 227 of the Constitution of India, challenging the order of the Government at Annexure-A, dated 7. 8. 2003, whereby the Government upheld the order of the Collector, Amreli, dated 10. 3. 2003 cancelling Licence No. 73/93 issued to the petitioner for distribution of kerosene in Khambha Taluka of Amreli District.

(2.) THE order was passed in the light of the Government Policy that same person cannot be issued two licences for the same commodity for more than one Talukas. The plain reading of the order indicates that in view of the observations made in the impugned order, the petitioner, as a Company Agent for Lilia Taluka, can also distribute kerosene in Khambha Taluka.

(3.) IN view of this Court, therefore, no prejudice is caused to the petitioner. If the decision is taken as per the policy of the Government, this Court would not exercise its extraordinary jurisdiction under Article 226 of the Constitution of India.