NEUTRAL CITATION
C/SCA/8213/2019 ORDER DATED: 14/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8213 of 2019
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SATYA DEO SHARMA
Versus
STATE OF GUJARAT
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Appearance:
for the Petitioner(s) No. 1
MS. KETKI P JHA(9864) for the Petitioner(s) No. 1
MS SURBHI BHATI, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 14/09/2023
ORAL ORDER
1. By way of present petition, the petitioner herein has challenged the order dated 22.01.2019 passed by the respondent No.1 bearing No.Vi/KAV/102018/Appeal-2 as well as the order dated 28.06.2018 bearing No.G-1 (L&O)/TE.1/PSA/ 2505/18 passed by the respondent No.2 - DGP whereby, the respondent No.2 cancelled the PSA License No.17062871/Valsad issued by the respondent No.2 for violation of provision of Sections 13(1)(c) and (i) of the Private Security Agencies (Regulation) Act, 2005 (hereinafter referred to as 'the Act, 2005'), which was subsequently upheld by the respondent No.1.
2. Heard Ms. Ketki P. Jha, learned advocate appearing for Page 1 of 4 Downloaded on : Wed Sep 20 20:33:38 IST 2023 NEUTRAL CITATION C/SCA/8213/2019 ORDER DATED: 14/09/2023 undefined the petitioner and Ms. Surbhi Bhati, learned AGP appearing for the respondent - State.
3. Ms. Ketki P. Jha, learned advocate appearing for the petitioner, at the outset, submitted that the petitioner herein is engaged in the business of providing private security services and allied services and operated in the name of Red Fox Securities Pvt. Ltd.. A copy of the certificate is duly produced at Annexure - C. Ms. Jha, learned advocate submitted that while issuing the requisite license on 21.06.2017, the respondent authority issued the same conditionally, duly produced at page 33, which was subject to the final order that may be passed in Civil Suit No.139 of 2017 (Red Fox Protection Services Pvt. Ltd. Vs. Red Fox Securities (P) Ltd.).
3.1 Ms. Jha, learned advocate, fairly submitted that the said suit came to be decreed against the petitioner herein and in view thereof, the license-in-question came to be rejected by the competent authorities by passing the impugned orders dated 22.01.2019and 28.06.2018. Ms. Jha, learned advocate, restricts prayers in the present petition to the extent that if the petitioner were to file an application seeking fresh license under the provisions of the Gujarat Private Securities Agencies Page 2 of 4 Downloaded on : Wed Sep 20 20:33:38 IST 2023 NEUTRAL CITATION C/SCA/8213/2019 ORDER DATED: 14/09/2023 undefined Act, 2005, the same be considered by the respondent authority taking into consideration the fact that the petitioner herein on 17.08.2018 changed the name of the petitioner's company from Red Fox Securities Pvt. Ltd. to Tapish Securities Pvt. Ltd. and the certificate to the said effect came to be granted on 17.08.2018, which is duly produced at page 73. It was submitted that the impugned orders that are passed concurrently may not come in way if, the petitioner were to apply seeking a fresh license.
4. Ms. Surbhi Bhati, learned AGP appearing for the respondent - State, submitted that the orders impugned passed by the respondent authorities are in consonance to the license which was issued to the petitioner herein, duly produced at page 33 wherein, it was clearly stated that the said license would be subject to the orders that may be passed in the Civil Suit No.139 of 2017 and in view thereof, the aforesaid fact being undisputed, no interference is called for in the impugned orders passed by the competent authorities rejecting the prayers as prayed for by the petitioner herein whereby, the competent authority concurrently held that the license-in-question was required to be cancelled. Page 3 of 4 Downloaded on : Wed Sep 20 20:33:38 IST 2023
NEUTRAL CITATION C/SCA/8213/2019 ORDER DATED: 14/09/2023 undefined
5. Considering the submissions advanced by the learned advocates appearing for the respective parties, in the opinion of this Court, it is undisputed that in the Civil Suit being No.139 of 2017, the judgment came to be passed against the petitioner herein in view thereof, the competent authority proceeded to cancel the license of the petitioner.
6. In the opinion of this Court, while no error can be said to have been committed in passing the impugned orders dated 22.01.2019 and 28.06.2018, if the petitioner were to prefer a fresh application seeking PSA license in the name of 'Tapish Securities Pvt. Ltd.', the same be considered by the competent authority taking into consideration the fact that the petitioner herein changed the name of the company from Red Fox Securities Pvt. Ltd. to Tapish Securities Pvt. Ltd. and the said certificate issued by the competent authority dated 17.08.2018 is duly produced at page 73, if there are no other objections against the petitioner herein in accordance with law.
7. With the aforesaid, the present petition stands disposed of. Direct service is permitted.
(VAIBHAVI D. NANAVATI,J) NEHA Page 4 of 4 Downloaded on : Wed Sep 20 20:33:38 IST 2023