SHIV KUMAR SONI Vs. COLLECTOR, CENTRAL EXCISE

JUDGEMENT

(1.) THE petitioner applied for grant of a licence under Section 27 of the Gold (Control) Act, 1968. The petitioner's application was rejected by the Assistant Collector, Central Excise, Bhopal, by order dated 29th September, 1978. The petitioner went up in appeal and the appeal was dismissed by the Collector, Central Excise, Indore, in October 1979. The petitioner then filed this petition under Article 226 of the Constitution for quashing of the aforesaid two orders.

(2.) SECTION 27(6) of the Act provides that no application for the issue of a licence to commence or carry on business as a dealer shall be granted unless the Administrator, having regard to such matters as may be prescribed in this behalf and after making such inquiry in respect of those matters as he may think fit, is satisfied that the licence should be issued. Rules relating to Section 27 were made by notification No. 2706 dated 3rd July, 1969. These rules are known as the Gold Control (Licensing of Dealers) Rules, 1969. Rule 2 of these rules specifies the matters which the Administrator must keep in his mind while disposing of an application for a licence. Clause (f) of Rule 2, which is relevant, reads as follows:

(3.) LEARNED Counsel for the petitioner, however, argued that the demand for gold ornaments has now considerably increased in Chandameta and, therefore, the petitioner should be granted the licence. There is no material before us in support of this argument. In case, however, the demand for gold ornaments has really increased and there has been a change in circumstances, it would be open to the petitioner to make a fresh application for licence which would be considered on merits.