DHANRAJ MOHANBHAI CHANDEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition is filed challenging order dated 12th May 2009 (Annexure 'g') and letter dated 20th June 2009 (Annexure 'h') to this petition. The case of the petitioner is that initially retail kerosene licence No. 89 of 1981 was issued to one Shri Latifbhai Alibhai Shaikh in the year 1981. The petitioner entered into a partnership with said Shri Latifbhai Alibhai Shaikh in the year 1985. This entry of the petitioner as a partner was with the permission of the concerned authority, as contemplated under clause/ condition 13 of the licence, which is relevant. It reads as under:

(2.) THE learned advocate for the petitioner made available for perusal original licence. This licence is issued in favour of Shri Latifbhai Alibhai Shaikh. The original licence was valid upto 31st December 1985. It is thereafter renewed from time to time as detailed hereunder: <FRM>JUDGEMENT_2293_TLGJ0_20091.htm</FRM> The contents in inverted comma are in vernacular. Two signatures are also in vernacular. A xerox copy of the register which contains the record of such transfers is produced at page 20. It contains 'licence number', 'the name of licence-holder' with 'address', and the 'place of business'. There is also a column for 'place of godown'. In the column of 'name of licence-holder', name of Latifbhai Valibhai Shaikh, resident of Ashwanikumar Road, Khatachal, Surat, is mentioned. Thereafter, there is an entry, titled as addition of partner. Below that the name of 'dhanraj Mohanbhai Chandel, aged 30 years' is mentioned. It is signed by the Mamlatdar, Chorasi. In the column of 'place of business', initially, it is mentioned as "ashwanikumar Road, Khatchal, Surat-8". Besides, Ward No. 15a is also mentioned. Thereafter, there is an addition which is again signed by the Mamlatdar, Chorasi. In that column, the last entry says that, "amendment carried out. Ward No. 18, Brahman Falia, Fulwada". It is again signed by the Mamlatdar, Chorasi. In the column meant for 'licence-holder, names and addresses, 'a photograph of the petitioner is affixed. A round rubber seal is also stamped on that. Adjoining to the photograph, there is an entry stating that, "in the newly provided format" again there is signature of the Mamlatdar, Chorasi. Date mentioned below signature is "13/9". Year is illegible.

(3.) THE learned advocate for the petitioner submitted that the petitioner was carrying on business since 24th June 1985 as a partner on the basis of this licence. The learned advocate for the petitioner submitted that there is ample evidence on record to show that the fact of the petitioner being a partner was known to the authorities. The learned advocate for the petitioner submitted that in para 4. 2, he has set out the dates on which the business place of the petitioner was inspected. Though the dates are numerous, the relevant are reproduced hereunder: 30-11-85, 06. 02. 86, 14. 02. 86, 15. 03. 86, 04. 06. 86, 26. 09. 86, 17. 10. 86, 12. 12. 86, 07. 01. 87, 18. 02. 87, 12. 03. 87, 24. 05. 87, 07. 05. 87, 03. 06. 87, 04. 08. 87, 27. 10. 87, 24. 12. 87, 07. 01. 88, 24. 03. 88 22. 04. 88, 09. 06. 88, 14. 09. 88, 27. 10. 88, 20. 12. 88, 03. 12. 89, 08. 03. 89, 02. 04. 89, 13. 07. 89, 08. 01. 90, 06. 02. 90, 08. 03. 90, 22. 06. 90, 25. 12. 90, 18. 01. 91, 06. 04. 91 and 02. 05. 91. There are other dates, on which the business place of the petitioner was inspected, but those are subsequent to an order passed by the District Supply Officer, Surat dated 22nd July 1991. In this order it is mentioned in para 1 that the original licence is in the name of Shri Latifbhai Alibhai Shaikh, "that this licence was first granted at the address at Ashwanikumar Pati Ni Chal, House No. 11". Thereafter, the licenceholder shifted his business in July 1985, to "fulpada Ward No. 10, Brahman Faliyu, Surat". It is thereafter mentioned in the same para that in the said licence, Shri Dhanraj Mohanlal is entered as a partner and by that section 7 of the Gujarat Essential Commodities (Licence, Control and Stock Declaration) Order, 1981 is breached. Thereafter, in the latter part of the order it is mentioned that from the papers and from the explanation it is noticed that 'change of place' and 'partnership' are accorded sanction by the Mamlatdar. This shows that District Supply Officer has condoned the so called irregularity, committed either by the original licenceholder or by the petitioner by order dated 22nd July 1991. No action was taken against the petitioner or the original licenceholder and for the same and in connection with some other irregularities forfeiture of deposit of Rs. 500/- was ordered.