K R SRIRAMULU Vs. SUPERINTENDENT OF CENTRAL EXCISE
LAWS(KAR)-1973-6-37
HIGH COURT OF KARNATAKA
Decided on June 22,1973

K.R.SRIRAMULU Appellant
VERSUS
SUPERINTENDENT OF CENTRAL EXCISE Respondents

JUDGEMENT

GOVINDA BHAT, CJ. - (1.)This matter arises under the Gold Control Act 1968 and the rules made thereunder.
(2.)The petitioner was a partner of a firm carrying on business under the name and style 'Jewels Garden'. He left the said partnership on 5-5-1966. On 13-5-1968, the petitioner made an application for a dealer's licence. That application was rejected by the Collector of Central Excise, Bangalore, and the petitioner was intimated of that fact by the Superintendent of Central Excise" (Respondent 1) on 8-8-1968. Against the said order, the petitioner preferred an appeal to the third respondent which was rejected on the ground that it was belated. The matter was taken up in revision before the Government of India (Respondent 4) who, by an order dated 5-10-1970 dismissed the same, on two grounds viz., (1) that the petitioner was penalised for contravention of the Gold Control Rules as a result of seizure of primary gold from his possession on 13-6-1969, and (2) that the demand for ornaments in the town for which the licence had been applied for and the turnover of the licenced gold dealers already existing 'therein, would not justify the need to increase the number of dealers in the town. Aggrieved by the said decision of the fourth respondent, the petitioner has approached this Court for relief under Arts.226 and 227 of the Constitution.
(3.)The petitioner has challenged the orders of the respondents on several grounds. But this writ petition can be disposed of on the short ground that rules ot natural justice have not been complied with and that the order of the Collector of Central Excise rejecting the petitioner's application is not a speaknig order.


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