Decided on July 26,1988

Bhavsinghbhai Dalabhai Bariya Appellant
State of Gujarat and Another Respondents


PER GOKULAKRISHNAN,J. - (1.)The learned counsel appearing for the appellant submits that the cancellation of the authorisation is without any authority of law and the same can be questioned in the Court of law by filing petition under Article 226 of the Constitution. To support his contention, learned counsel cited the decision in the case of Mukesh Traders, Bhavnagar v. State of Gujarat & others reported in 1987(1) Gujarat Law Times 301. In that decision the learned single Judge had occasion to consider the cancellation of the licence under the Essential Commodities Act and the statutory Control Order passed by virtue of the main Act. In those circumstances the statutory right which has come into effect was being questioned and the learned Single Judge correctly thought it fit to admit the same. As far as the present case is concerned there is no question of any statutory right as such in favour of the appellant herein. It is by way of authorisation which is in the realm of contractual obligation that the appellant got the right to carry on his business. Such authorisation which arose by virtue of contractual obligation between the parties herein cannot be subject-matter of proceedings under Article 226 of the Constitution. The appellant, if at all, wants to agitate, he can do so in Civil Court by filing appropriate suit for damages. The exact question involved in this case was discussed, in Special Civil Application Nos. 2979/80, 3008/80, and 3365/80 as early as 1st December, 1980. The learned Single Judge of this Court correctly appreciating the question of authorisation as given under the realm of Contractual Obligations dismissed the Special Civil Application. In all force the reasoning and findings in the said oral judgment are applicable to the facts of this case. For all these reasons this Letters Patent Appeal is dismissed.
LPA dismissed.


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