Satya Deo Sharma vs State Of Gujarat
2023 Latest Caselaw 6793 Guj

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     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

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C/SCA/8213/2019 ORDER DATED: 14/09/2023

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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

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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.

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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