SCA/10608/2002 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 10608 of 2002 For Approval and Signature: HONOURABLE MR.JUSTICE C.K.BUCH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SHRIJI GRAHAK SAHAKARI BHANDAR - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR NIRAV C THAKKAR for Petitioner(s) : 1, MS DS PANDIT, ASSTT.GOVERNMENT PLEADER for Respondent(s) : 1 - 3. MR MANOJ N POPAT for Respondent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE C.K.BUCH Date : 16/05/2008 ORAL JUDGMENT 1. Heard Mr. Nirav Thakkar, learned counsel appearing for the petitioner. 2. Undisputedly, the petitioner was granted license SCA/10608/2002 2/3 JUDGMENT of fair price shop, but ultimately, on account of some litigation, the matter came to be decided against the present petitioner and in favour of the respondent no.4. Undisputely, the first order granting license was in favour of the present petitioner and he was considered to be better than the respondent no.4 on merits by the licensing authority. 3. Mr. M.N. Popat, learned counsel appearing for the contesting respondent no.4 submits that the respondent no.4 is not interested in license any more and withdraws its claim or privilege to have license in favour of the petitioner. Necessary resolution is also passed on 13th June, 2007, copy whereof is tendered by Mr. Popat before the Court today. The same is taken on record. Secretary of the respondent no.4 is present before the Court and concedes the claim of the present petitioner. 4. In view of the above, the petition can be allowed. As such, there is no formal resistance from the learned AGP Mr. D.S. Pandit. 5. The petition is, therefore, allowed. It is SCA/10608/2002 3/3 JUDGMENT hereby ordered that the original order granting license in favour of the petitioner be restored by the licensing authority and the petitioner may be treated as allottee of the license of the fair price shop in question. 6. Rule is made absolute in the above terms. No costs. [C.K. BUCH, J.] pirzada/-