TEE VEE TRADING CORPORATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, Tee Vee Trading Corporation through its Managing Partner, filed this special civil application in this Court and prayer has been made for quashing and setting aside of the impugned order annexure 'I' dated 12-12-1985, annexure 'G' dated 28-8-1985 so far it relates to the confiscation of Rs. 250/- of petitioner's deposit. This order has been passed by the respondent under the provisions of the Essential Commodities Act, 1955 and the Essential Articles (Licensing, Control & Stock Declaration) Order, 1981 (hereinafter referred to as 'the Order, 1981').

(2.) The proceedings have been initiated against the petitioner for contravention of Clause 24 of the Order, 1981 by giving the show-cause notice dated 13th May, 1985 by the District Supply Officer, Banaskantha to the petitioner. It has been found that the petitioner had sold kerosene after taking money in advance and as such, he was not doing business by his own money but by taking money of other licensees in advance and this has violated the instructions given by the competent authority under Clause 24 of the Order, 1981. It has further been alleged that the petitioner had taken advance from Chamunda Automobiles, a licensee of Deesa, and not given the stock of kerosene. The reply to the show-cause notice has been submitted by the petitioner but the District Supply Officer was not satisfied with the reply of the petitioner and taking it to be a case of serious default on the part of the petitioner ordered for forfeiture of Rs. 500/- of its deposit. Against this order, the petitioner preferred an appeal before the Collector, Banaskantha which came to be partly allowed under the order dated 28th August, 1985 and the amount of forfeiture was reduced to Rs. 250/-. Still the petitioner was not satisfied and as such he has taken up the matter further in revision to the State Government, which came to be rejected under the order dated 12th December, 1986. Hence, this special civil application.

(3.) The respondents have not filed any reply to this special civil application.