Gujarat High Court
Ranchodbhai Madhabhai Harijan vs District Supply Officer Banaskantha on 29 September, 2022
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
C/SCA/18537/2022 ORDER DATED: 29/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18537 of 2022
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RANCHODBHAI MADHABHAI HARIJAN
Versus
DISTRICT SUPPLY OFFICER BANASKANTHA
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Appearance:
MR VIRAL J DAVE(5751) for the Petitioner(s) No. 1
MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 29/09/2022
ORAL ORDER
1. Learned advocate Mr.Viral Dave for the petitioner states that considering the fact that there is 20 years span between cancellation of license of fair price shop of the petitioner and application for renewal which has been made by the petitioner which is rejected on the ground that while acquitting the petitioner in criminal case, the trial court did not observe anything about the renewal of the license of the petitioner, the petitioner is ready and willing to make fresh application for issuance of license. However, the authority may be directed to consider the application that the petitioner may make in accordance with law, without being Page 1 of 3 Downloaded on : Fri Sep 30 20:44:09 IST 2022 C/SCA/18537/2022 ORDER DATED: 29/09/2022 influenced of the earlier order passed by the criminal court as well as cancellation of license of the petitioner.
2. Considering the fact that this being the fresh matter and no notice is issued upon the respondents, upon request of this Court, learned Assistant Government Pleader Mr.Sahil Trivedi appears on behalf of respondent - State authorities.
3. Considering the request made by learned advocate Mr.Viral Dave as also considering the fact that present petitioner has already been acquitted in criminal case, in case if the petitioner prefers fresh application for issuance of fresh license of fair price shop, the authority is directed to consider the same in accordance with law but keeping in mind the acquittal of the petitioner from the criminal case, without being influenced by Court proceedings and earlier order cancelling fair price shop as well which was cancelled before period of twenty years.
4. With the above observations and directions, the Page 2 of 3 Downloaded on : Fri Sep 30 20:44:09 IST 2022 C/SCA/18537/2022 ORDER DATED: 29/09/2022 present petition is disposed of.
(NIRZAR S. DESAI,J) MISHRA AMIT V. Page 3 of 3 Downloaded on : Fri Sep 30 20:44:09 IST 2022