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2003 Supreme(Guj) 428

KUNDAN SINGH, R.K.ABICHANDANI
SHRIJEE TRADING COMPANY – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.S.VAKIL, B.I.MEHTA, HARSHA N.DEVANI, J.S.Yadav, M.K.VAKHARIA, R.C.Jani, R.M.CHHAYA, S.B.VAKIL, S.N.SHELAT

R. K. ABICHANDANI, J.

( 1 ) ALL these appeals are directed against the judgement and order dated 4th December 2002 made by the learned Single Judge in a group of petitions in which the petitioners challenged the action of the State Government of deciding not to renew under Rule 5 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981 (hereinafter referred to as "the Licensing Order of 1981"), the licences of wholesale kerosene dealers, who were not the agents / dealers of the Oil Companies, from 1-8-2002, and seeking a direction on the respondents to renew the licences of the petitioners as wholesale dealers in kerosene for a period of five years from the date of their applications for renewal with consequential and incidental orders. The petitioners challenged the provisions of Amendment Order 2002 made on 31-7-2002, by which definition of "public Distribution System Kerosene Wholesale Dealer" was added as per Clause 2 (18a) in the Licensing Order, 1981, and also the circular dated 31-7-2002 deciding not to renew the licences of those who were not covered by the said definition and to take action to cancel the existing licences of such persons. 1.












































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