HABIB NATHU OWNERS OF DIESEL PUMP Vs. STATE

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution of India.

(2.) The material facts giving rise to this petition, briefly, are as follows : The petitioner was, at the material time, carrying on business as a dealer in diesel oil under the licence granted to him under the provisions of the Madhya Pradesh Motor Spirit and High Speed Diesel Oil (Licensing and Control) Order, 1980 (hereinafter referred to as "the Order"). On 12-12-1983, the Food Controller carried out a search at the premises of the petitioner and took sample of the diesel oil. On the basis of the report submitted by the Food Controller, a notice was issued to the petitioner by the Collector, Indore, to show cause why the licence be not cancelled and the security deposit be forfeited for the reasons set out in the notice. The petitioner showed cause; but the collector, by his impugned order, cancelled the licence and forfeited the amount of security deposit. The appeals preferred by the petitioner from the impugned order were dismissed. Hence, the petitioner has filed this petition.

(3.) Though in the petition, a number of averments were made and reliefs sought, the learned counsel for the petitioner confined his arguments to the relief of cancellation of the order (Annexure-'R') dated 29-11-1984 passed by the Collector cancelling the licence of the petitioner and forfeiting the amount of security deposit.