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SCA/14310/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14310 of 2010
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SURESHBHAI
MANJIBHAI CHAUDHARI - Petitioner(s)
Versus
FOOD
CIVIL SUPPLY & CONSUMER AFFAIRS DEPARTMENT & 2 -
Respondent(s)
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Appearance
:
MR
SATYAM Y CHHAYA for
Petitioner(s) : 1,
MS ML SHAH, AGP for Respondent(s) : 1,
NOTICE
SERVED for Respondent(s) : 1 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 30/11/2010
ORAL
ORDER
Counsel
for the petitioner submitted that order dated 26.6.2009 cancelling
his license for fair price shop was passed without supplying report
dated 9.2.2009 and the statements of villagers recorded by the
authority. He submitted that report dated 9.2.2009 was relied on for
passing the impugned order. He further submitted that petitioner had
specifically demanded the statements of the villagers. He further
pointed out that under similar circumstances, revisional authority
had remanded the proceedings for fresh consideration after supplying
necessary documents.
Learned
AGP contended that report dated 9.2.2009 was not foundation for
cancellation of license. Documents demanded by the petitioner were
supplied. She however, was not in a position to dispute that
statements of villagers were not supplied though asked for and that
on the ground of non supply of the report in case of other persons,
revisional authority had remanded proceedings.
Under
the circumstances, impugned order dated 26.6.2009 is quashed.
Proceedings are remanded to the authority for fresh consideration in
accordance with law after supplying report dated 9.2.2009 as well as
statements of villagers recorded by the authority. Remand
proceedings shall be disposed of within six months. It is clarified
that till fresh order is passed, petitioner shall not insist on
operating license.
Petition
is disposed of. Rule made absolute to the above extent.
(Akil
Kureshi,J.)
(raghu)
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