Gujarat High Court Case Information System
Print
SCA/6061/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6061 of 2006
=========================================================
MAHENDRABHAI
RAMANBHAI PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT THR' SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
YV BRAHMBHATT for
Petitioner(s) : 1,
MR RASHESH A RINDANI AGP for Respondent(s) :
1,
DS AFF.NOT FILED (N) for Respondent(s) : 1,
RULE SERVED for
Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 20/01/2010
ORAL
ORDER
By
way of present petition, the petitioner has prayed to quash the
seizure order dated 23.03.2006 passed by respondent No.3- Mamlatdar,
Kheda wherein the unauthorized stock of blue kerosene was seized
from the auto gaurage stating that the petitioner has committed
breach of provisions of the Kerosene (Restriction on Use and
Fixation of Ceiling- Price) Order, 1993.
As
a result of hearing and perusal of the record it appears that the
material seized is of diesel which is shown as kerosene and it also
appears that no sample was taken.
On
the facts of the case, I am of the view that interests of justice
would be met by directing the petitioner to make an application for
release of seized stock, without entering into the merits of the
petition. Accordingly, the petitioner may make an application for
release of the stock before the concerned authority who has seized
the stock. If such an application is moved, the same will be
considered by the competent authority in accordance with law.
With
the above observation petition stands disposed of. Subject to the
above, Rule is discharged with no order as to costs. Ad-interim
relief granted earlier stand vacated.
(K.S.JHAVERI,
J.)
niru*
Top