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LPA/2358/2009 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2358 of 2009
In
SPECIAL CIVIL APPLICATION No. 306 of 2009
With
CIVIL APPLICATION No. 12944 of
2009
=============================================
M
L PATEL & COMPANY - Appellant(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=============================================
Appearance :
MR
CG SHARMA for Appellant(s) : 1,
MS TRUSHA PATEL AGP for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
5.
=============================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 05/02/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
It
is not in dispute that the appellant was running a saw mill and the
period of licence came to an end on 31.12.1990. For about seven
years, he did not choose to apply for renewal, which he applied in
1997, but even without awaiting for any order of renewal or order of
rejection of renewal, he continued to run the saw mill and therefore
the respondents sealed the saw mill on 08.08.2008. In the aforesaid
background, if the learned Single Judge has refused to interfere with
the order of seizure and having noticed that the appellant had run
the saw mill without any authority for about 18 years has imposed
costs of Rs.15,000/-, interference with such order is uncalled for.
Accordingly,
Letters Patent Appeal and Civil Application are dismissed. Interim
relief stands vacated. In view of the costs already imposed, no
further costs.
(S.J.
MUKHOPADHAYA, C.J.)
(ANANT
S. DAVE, J.)
[sn
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