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SCA/5721/2002 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5721 of 2002
=========================================================
MANSUKHLAL
SHANKARLAL RAVAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
HR PRAJAPATI for
Petitioner(s) : 1,
MR JASWANT K SHAH AGP for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 12/01/2010
ORAL
ORDER
This
Court on 26.08.2002 has passed the following order:
Rule.
2. Heard the parties for interim relief.
3. The contention raised on behalf of the
respondents is that on account of the Government
Resolution dated 20-1-2000, if the blood relation of the
person concerned is involved in the black-marketing or
detained under the relevant provisions of the Act, new
fair price shop should not be allotted to such persons
and, therefore, the petitioner has been denied the
transfer of licence. It is also submitted that the
father of the petitioner, when he was holding licence,
was involved in the case of breaches of conditions of
licence and, therefore, the transfer is denied to the
petitioner.
4. Prima facie, I find that the resolution dated
20-1-2000 would apply only to a new fair price shop.
That apart, the restriction mentioned of debarring the
person from applying for a fair shop on account of blood
relation of a person who is detained, prima facie,
appears to be unreasonable and arbitrary on the face of
it. As regards the breaches of his father are concerned,
the licence was thereafter transferred in the name of the
petitioner’s mother and mother has not committed any
breach. Since both the grounds mentioned on behalf of
the respondents are, prima facie, of no substance, by way
of interim order, it is directed that the respondents
shall consider the case of the petitioner for transfer of
the licence, in accordance with law, but while
considering the same the resolution dated 20-1-2000 and
the earlier breaches of his father will not be taken as
the grounds for disentitling the transfer of the licence.
The respondents shall take the decision within a period
of three months from the date of the receipt of the order
of this Court. Direct service is permitted.
In
view of the above interim relief, it is clear that the authority must
have considered the matter. I, am therefore of the view that interest
of justice would be met by disposing of the petition in terms of the
above interim relief.
Accordingly,
the petition is disposed of in terms of the interim relief. Rule is
made absolute to the aforesaid extent with no order as to costs.
(K.S.JHAVERI,
J.)
niru*
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