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Bharat vs Divisional

High Court Of Gujarat|11 April, 2012

JUDGMENT / ORDER

1. Heard learned Advocate Mr. YV Vaghela, for the petitioner. The petitioner is before this Court challenging order dated 30th June 2009, mainly on the ground that licence, which was extended by letter dated 1st April 2009 on payment of 10% of licence fees and thereafter, by letter dated 22nd April 2009 extended on payment of 20% increased in licence fees. It is specifically mentioned in order dated 30th June 2009 that as Pakka Stall is there at the bus-stand at which the petitioner is granted Hawker's Licence, his licence cannot be continued.
2. Learned Advocate for the petitioner vehemently submitted that the licence was extended by letter dated 1st April 2009 and 22nd April 2009 saying that until a new policy is framed, the licence is extended. The learned Advocate for the petitioner submits that though no new policy is framed, by order dated 30th June 2009, licence of the petitioner is cancelled. Prima-facie, the extension of licence was for a definite purpose and that is, till the new policy framed by the S.T. Corporation. That being so, this is fit case wherein the petitioner be permitted to file representation to reconsider the case of the petitioner.
3. In the event the petitioner files a representation on or before 7th September 2009, the same shall be considered by the authorities in light of the policy of the Corporation and decide the same as expeditiously as possible but not later than 26th October 2009, after affording a hearing to the petitioner.
4. Learned Advocate for respondent no. 4 submitted that by the business carried on by the petitioner, which he is not carrying-on of his own, a loss in business of about Rs.5,000/- per month is caused to him. He, therefore, requested that the Corporation be directed to give a hearing to respondent no. 4 before deciding the representation of the petitioner.
5. The Corporation is directed to grant a hearing to the respondent no. 4 also before taking any decision on the representation made by the petitioner.
6. Learned Advocate for respondent no. 4 submitted that the petitioner is residing at Vadodara and he is carrying on business through somebody else on his licence. Respondent no. 4 may place all this material before respondent Corporation for its consideration.
7. The petition is disposed of with aforesaid directions.
[ Ravi R. Tripathi, J. ] hiren Top
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Title

Bharat vs Divisional

Court

High Court Of Gujarat

JudgmentDate
11 April, 2012