PREM NATH KHANNA Vs. UNION OFINDIA

JUDGEMENT

(1.) ON 13th February, 1970, petitioner Prem Nath Khanna submitted an application to the Assistant Collector, Cen tral Excise, Allahabad praying for a Gold -dealers licence under the provisions of the Gold (Control) Act 1968. In usual course, the Superintendent of the Central Excise made an enquiry and recommended that the petitioner be granted a Gold dealers licence. However, the Assistant Collector Central Excise, vide his order dated 9th of April, 1970, rejected the application moved by the petitioner. Being aggrieved by the order passed by the Assistant Collector, the peti tioner preferred an appeal before the Col lector Central Excise who dismissed the same on 5th April, 1971. The petitioner then filed a revision before the Central Government which also was dismissed on 29th Novem ber, 1971. He has now approached this Court praying for a writ in the nature of certiorari for quashing the orders passed by the Assistant Collector Central Excise, Col lector Central Excise and the Central Gov ernment, mentioned above. He also prays that the respondents be commanded to grant him a gold dealers licence.

(2.) SECTION 27 of the Gold (Control) Act 1968 as amended by the Gold Control (Amendment) Act 1969, provides that -Save as otherwise provided in the Act, no person shall commence or carry on, business as a dealer unless he holds a valid licence issued in this behalf by the Administrator. Sub section 6 (a) lays down that no application for issue of a licence to commence or carry on business as a dealer shall be granted un less the Administrator, having regard to such matters as may be prescribed in this behalf and after making such enquiry in respect of those matters as he may think fit, is satisfied that the licence should be issued.

(3.) IN the schedule attached to his ap plication for licence, the petitioner stated that he wanted to obtain Gold dealer's licence for purchasing and selling gold and silver ornaments. He also filed an affidavit stating that he had been working in Gold orna ments dealing since his childhood. He had the credit of working as a salesman in a firm known as Lala Kashi Nath Seth Shah -jahanpur from 1954 to 1956. Later tin he worked as sales -man in a Firm M/s. Nanak Chand Ram Sahai Sharraf, Shahjahanpur from 1955 - 1956. Further he worked as a Sales -man with the Firm M/s. Bhagat Ram Jai Narain at Kanpur from 1956 to 1958. He also worked as Gaddidar and sales -man with M/s. Bhagat Narain Jai Narain Allaha bad, from 1958 to 1970. Thus he had long experience of Gold ornaments business.