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CA/429/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 429 of 2010
with
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1446 of 2008
In
SPECIAL CIVIL APPLICATION No. 22464 of 2007
=============================================
RATHOD
FAKIR MOHAMMAD RASULBHAI - Petitioner(s)
Versus
DISTRICT
SUPPLY OFFICER & 2 - Respondent(s)
=============================================
Appearance :
MR
IQBAL M MALIK for Petitioner(s) : 1,
MR AJ DESAI AGP for
Respondent(s) : 1-3,
=============================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/01/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Though
Civil Application for condonation of delay was listed along with
Letters Patent Appeal (stamp), but as short question of law is
involved, we have heard both the Civil Application and Letters Patent
Appeal on merits.
From
the record it appears that the licence of petitioner to run a fair
price shop was cancelled having found different irregularities. After
inspection, it was found that the petitioner though did not
distribute the foodgrains to the card-holders but shown them to have
distributed. The said cancellation of licence having been
challenged, was confirmed by the appellate and revisional
authorities. Therefore, the petitioner moved before this Court in a
writ petition being Special Civil Application No.18612 of 2007, but
the Counsel having failed to impress the Court, without reserving
liberty, sought permission to withdraw the petition on 26.07.2007.
Subsequently, another writ petition being Special Civil Application
No.22464 of 2007 for same relief was preferred, which having been
dismissed on the ground that the second writ petition is not
maintainable, present appeal has been preferred.
Having
heard Mr. I.M. Malik, learned counsel appearing on behalf of
appellant and Mr. A.J. Desai, learned A.G.P. for the State, we are
not inclined to entertain the appeal.
Accordingly,
both Civil Application and Letters Patent Appeal (Stamp) No.1446 of
2008 are dismissed. No costs.
[S.J.Mukhopadhaya,
C.J.]
[Anant S. Dave, J.]
*pvv
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