Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ, D.N.RAY
Babubhai Rayajibhai Solanki – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
SUNITA AGARWAL, J.
1. Heard Mr. Mitul K. Shelat, learned Senior Counsel assisted by Mr. Bhavin B. Thakar, learned Counsel for the petitioner and perused the record.
2. By means of the present petition, the petitioner herein seeks for the following reliefs :-
“(A) The Hon'ble Court may be pleased to issue writ order or direction in the nature of writ of declaration declaring that Clause 17 of the Gujarat Essential Commodities (Licensing of Fair Price Shops) Order, 2025, as being ultra vires and thereupon be pleased to strike down the same; Or alternatively, read down Clause 17 as saving only acts done under the Gujarat Essential Commodities (Licensing to Fair Price Shop) Order, 2004, prior to 01.04.2016;
(B) The Hon'ble Court may be pleased to Declare that the provisions of the Gujarat Essential Commodities (Licensing of Fair Price Shops) Order, 2025, shall be applicable prospectively only to any alleged violations/ contraventions committed on or after 29.07.2025;
(C) The Hon'ble Court may be pleased to Quash the Order dated 29.01.2026 passed by Respondent No.4 in Number/PRV/VBHD/Remand case No 15/2025 (ANNEXURE-B) against the Petitioner.
(E) Pending hearing and final disposal
Regulatory frameworks must ensure continuity in essential commodity distribution; Clause 17 of the 2025 Order preserving actions under the 2004 Order is valid to prevent operational vacuums.
The court upheld the classification in the Public Distribution System (Control) Order, justifying the exclusion of private individuals from running fair price shops due to historical malpractices, wh....
An association can challenge the validity of legislation affecting its members, as it constitutes an injury to its collective rights. The court affirmed that procedural rights must adhere to principl....
A suspended license under the Assam Public Distribution of Articles Order must have timely cancellation proceedings initiated within 90 days; otherwise, the suspension becomes invalid.
The main legal point established in the judgment is that the licensee of a fair price shop is required to strictly adhere to the terms and conditions of the license and the provisions of the Control ....
The cancellation of a fair-price-shop license is invalid if the authority that conducted the inquiry also decides the merits of the case, violating procedural requirements.
The Revisional Authority must record positive findings on legality and propriety; otherwise, quashing an order is jurisdictionally unsustainable.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
