JAGANBEN ARVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) .By this revision application under Sec. 115 of the Code of Civil Procedure (hereinafter referred to as "Code"), the plaintiff - petitioner challenges the order of the Second Joint District Judge, Bharuch dated 26-4-1995 in Misc. Civil Appeal No. 114 of 1994 confirming the order of the Civil Judge (S.D.), Bharuch in Regular Civil Suit No. 176 of 1994 passed below Ex. 5 on 11-8-1994 under which it declined to grant a temporary injunction as prayed for pending final disposal of the suit. The facts of the case which are not in dispute are as follows :

(2.) The plaintiff-petitioner was granted by the Mamlatdar, Vagra wholesale kerosene licence which bears No. 1 of 1984 under the provisions of Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981. On 11-11-1992 the business premises of the plaintiff was inspected by the Mamlatdar, Vagra. During the course of the inspection the inspecting officer found as many as 11 irregularities thereon. Show-cause notice was issued to the plaintiff on 27-11-1992 which was replied by her on 7-2-1992. Under the order dated 2-1- 1993 the Mamlatdar, Vagra found that the plaintiff has committed malpractices and breach of condition of licence and accordingly he ordered for the cancellation of the licence No. 1 of 1984 and further confiscated the deposit.

(3.) Felt aggrieved of the order aforesaid the plaintiff filed appeal before Collector, Bharuch, being Appeal No. 2 of 1993 which came to be dismissed on 4-3-1993. The plaintiff then taken up this matter before the State of Gujarat by filing Revision Application No. 42 of 1993 but the same has also been rejected on 29-3-1994.