LAWS(GJH)-2009-4-52

DALSUKHBHAI SOMABHAI BARIA Vs. STATE OF GUJARAT

Decided On April 23, 2009
DALSUKHBHAI SOMABHAI BARIA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 and 227 of the Constitution of India praying for quashing and setting aside the impugned order dated 24th February 1997 passed by the respondent No. 2 canceling the license of the fair price shop of the petitioner which has been confirmed by the respondent No. 1 vide his order dated 13th January 1999. The petitioner has also prayed for stay against the impugned order during the pendency and final disposal of this petition.

(2.) THIS Court has admitted the petition on 2nd February 1999. At the time of admission of the petition this Court has observed that it is a matter of cancelation of license of fair price shop granted to the petitioner and in case, at this stage interim relief as prayed for is granted, it would amount to granting of main reliefs which this Court normally should not do. Looking to the nature of the case, the Court has issued rule to the respondents for final disposal on 4th March 1999 and, hence, the interim relief was refused.

(3.) THOUGH the matter was finally fixed for hearing on 4th March 1999 the same could not be taken for hearing till this date. In any case, the license of fair price shop was cancelled by the authorities way back on 24th December 1997.