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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