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1986 Supreme(Guj) 63

P.R.GOKULAKRISHNAN, S.B.MAJMUDAR
J. T. KOTAK – Appellant
Versus
STATE – Respondent


Advocates Appeared: ANIL S.KOTHARI, GIRISH D.BHATT, S.B.VAKIL

S. B. MAJMUDAR, J.

( 1 ) IN this petition under Article 226 of the Constitution the petitioner has challenged the order dated 4-4-1985 passed by the District Supply Officer Rajkot canceling its wholesale dealer license No. 192 and retail dealer license No. 166 granted to the petitioner under the provisions of the Gujarat Essential Articles (Licensing Control and Stock Declaration) Order 1981 (hereinafter referred to as the Licensing Order ). The said Order is at annexure E to the petition. The Order recites that on account of the misconducts found during the inquiry as the petitioner-dealer has committed breaches of secs. 23 (1) 16 and 18 (1) of the Licensing Order and of the conditions Nos. 7 and 9 of the license the said licenses are liable to be cancelled. An appeal to the Collector could be preferred within 30 days from the receipt of the said order. The petitioner has filed the present petition on 15-4-1985 in this court challenging the aforesaid Order directly by way of the present petition and has sought for a declaration that clause 8 of the Licensing Order is unconstitutional and void and also for quashing and setting aside of the Order at annexure E.

( 2 ) IN Order to appr














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