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SCA/6456/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6456 of 2010
With
SPECIAL
CIVIL APPLICATION No. 6457 of 2010
=========================================================
ASHOK
HARIDAS LAL - Petitioner(s)
Versus
STATE
OF GUJARAT AND ANOTHER - Respondent(s)
=========================================================
Appearance
:
MR
PP MAJMUDAR for
Petitioner.
MR JASVANT SHAH, AGP for
Respondents.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 24/05/2010
COMMON
ORAL ORDER
Amendment
is allowed.
The
petitioner is before this Court being aggrieved by order dated
19.5.2010 issued by the Prohibition and Excise Department, cancelling
the health permit held by the petitioner.
The
learned advocate for the petitioner submitted that the order is bad
in law inasmuch as though on 17.5.2010 the authority had granted
time upto 26.5.2010, the order is passed on 19.5.2010 cancelling the
health permit.
Having
gone through the show-cause-notice dated 11.5.2010, the application
for time dated 17.5.2010 and the order dated 19.5.2010, this Court is
of the opinion that no interference is warranted at the hand of this
Court. However, taking into consideration the submission made by
learned advocate for
the petitioner that the health permit held by the petitioner was
issued from Jamnagar and not from Ahmedabad after taking into
consideration the relevant medical certificates, it is clarified at
the request of learned advocate for the petitioner that, in the
event, the petitioner approaches for grant of fresh health permit,
the authority will consider that application strictly in accordance
with law and on its own merits, and after taking into consideration
the medical opinion and will decide to grant or not to grant the
health permit, without being influenced by the order dated 19.5.2010
and without being influenced by the fact that this Court has not
entertained the present petition against that order.
At
the request of learned advocate for the petitioner, it is directed
that the application, if any, filed by the petitioner for grant of
fresh health permit be considered, as expeditiously as possible, and
preferably within three weeks from the date of receipt of the
application.
With
these observations, the petitions are disposed of. Direct service is
permitted.
(
Ravi R.Tripathi, J. )
syed/
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