1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR L.P.A. ST. NO.485 OF 2010. IN WRIT PETITION NO.4361 OF 2009 (D) SHRI LAXMANDAS S/O DAMUMAL HARIYANI VS THE STATE OF MAHARASHTRA AND ANOTHER ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri V.A. Dhawas, Advocate for the appellant. CORAM : A.H. JOSHI AND PRASANNA B. VARALE, JJ. DATE : 5th FEBRUARY, 2010. 1. The appellant has challenged the order passed by the learned Single Judge dismissing the writ petition, challenging the orders cancelling the petitioner’s licence for wholesale Food Grain trading granted to him under the Essential Commodities Act. The ground of cancellation is that the petitioner had stored the split gram 100 quintles in godown other than one which was licenced. 2. The appellant has in the oral submission pleaded that his licenced Godown was unfit for storing the goods, and it was his duty to preserve worthiness of the food 2 grains, which has resulted in storing of the split gram in the godown of Warehousing Corporation. 3. The appellant has relied upon the intimation submitted by him informing that he wants to store the goods in other Godown. Admittedly, this intimation was furnished much later than the action of storing in the godown other than licenced godown was done. If due to any calamity if the storing was to be done other than in licenced Godown, the condition of the licence required that within 48 hours of such storage, intimation should be given to the licencing authority and to apply for change of licenced premises. Admittedly, the petitioner has not done such compliance. 4. It has to be borne in mind that the purpose of specifying the licenced premises gets defeated due to the laxity in the change of premises. The object of Essential Commodities Act and various control order therein also get defeated. 5. The stock so stored in unauthorized godown does not become legal just becasue it is stored in godown of Maharashtra State Warehousing Corporation. 6. In the result, the order passed by the learned 3 Single Judge cannot be faulted. 7. No indulgence is called for. 8. Appeal is dismissed. Judge Judge //mule//