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SCA/8168/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8168 of
2010
=========================================================
IQBALBHAI
BAVVDINBHAI TANK & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HARNISH V DARJI for
Petitioner(s) : 1 - 2.
MR AMIT PATEL AGP for Respondent(s) :
1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 19/07/2010
ORAL
ORDER
Heard
learned advocate Mr.Harnish V. Darji on behalf of petitioner and
learned A.G.P. Mr.Amit Patel appearing on behalf of
respondent-State.
Father
of petitioner No.1 deceased Bavvdinbhai Jeevabhai Tank was granted
Hawkers License to sell Kerosene and it was renewed from time to
time and lastly it was renewed for a period from 01.01.2006 to
31.12.2010. Mother of the petitioner No.2 deceased Kherruniessa
Habibali Govani was granted Hawkers License to sell Kerosene and it
was renewed from time to time and lastly it was renewed for a period
from 01.01.2004 to 31.12.2008. Father of petitioner No.1 was expired
on 10.12.2006 and mother of petitioner No.2 was expired on
29.10.2007. Therefore, representation was made by petitioners to
respondent-Authority to grant license to sell kerosene as their
father and mother were holding the license.
State
government has not granted them Hawker’s license because such policy
has been discontinued by resolution dated 13.04.2006. Therefore,
request had been rejected by respondent-Authority.
Respondent-District Supply Officer, Bhavnagar has informed to
Mamlatdar, Palitana that the State Government has stopped giving
Hawker’s license to the families of license holder by its resolution
dated 13.04.2006 and therefore request of the petitioner is
rejected.
Let
petitioners may approach respondent-Authority for claiming Hawker’s
license or any other license for selling kerosene not on inheritance
right from their father and mother. As and when such independent
applications for new license are received by respondent-Authority it
is directed to consider it sympathetically and to take appropriate
decision in accordance with law within a period of 3(three) months
from the date of receipt of such applications from both the
petitioners.
Present
petition is disposed of without expressing any opinion on merits.
Direct
service is permitted.
[H.K.RATHOD,
J.]
..mitesh..
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