Nileshkumar Motilal Valand and Ors. v. State of Gujarat and Ors. - (High Court of Gujarat) (21 Jan 2015)

Order by authority prohibiting issuance of fresh licences not perpetual if not so explicitly stated

MANU/GJ/0430/2015

Commercial

The Court allowed a petition by stamp vendors against the revocation of their licence to by the Respondents to sell stamps. The Respondents had taken the decision relying on an 11 year old order prohibiting issuance of licences due to prevailing circumstances at the time of the order. Noting that a significant amount of time had passed, the Court opined that the 'emergent' situation leaading to the order was unlikely to still prevail. Since it was not shown that the orders contained a permanent ban, it was “illegal and unlawful” for the Respondents to restrict appointment of stamp vendors indefinitely.

Relevant : Section 69 Gujarat Stamp Act, 1958 Act Union of India v. Central Electrical and Mechanical Engineering Service Group A (Direct Recruits) Association, C.P.W.D. MANU/SC/8088/2007 Himat Lal K. Shah v. Commissioner of Police, Ahmedabad MANU/SC/0583/1972 Bhikhubhai Vithlabhai Patel v. State of Gujarat MANU/SC/7399/2008

Tags : AUTHORITY REGULATE PERPETUITY LICENCE