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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.3376 OF 2016
1) Shivraj Prabhakarrao Kale,
Aged about 28 years,
2) Niwrutti Sukhdeo Manjre,
Aged about 39 years,
Both R/o Jawardi, Tq. Achalpur,
District Amravati. .... PETITIONERS
VERSUS
1) State of Maharashtra,
through Secretary for Food and
Civil Supply Department, Mantralaya,
Mumbai.
2) Deputy Commissioner for Food and
Civil Supply, Commissionerate,
Amravati, District Amravati.
3) District Supply Officer,
Amravati.
4) Ramu Govindrao Borawar,
Fair Price Shopkeeper,
R/o Jawardi, Tq. Achalpur,
District Amravati. .... RESPONDENTS
______________________________________________________________
Shri S.M. Vaishnav, Advocate for the petitioners,
Ms. H.N. Prabhu, A.G.P. for the respondent Nos.1 to 3,
Shri Abhijit Khare, Advocate for the respondent No.4.
______________________________________________________________
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CORAM : Z.A. HAQ, J.
DATED : 3 APRIL, 2017.
rd ORAL JUDGMENT :
Heard Shri S.M. Vaishnav, Advocate for the petitioners, Ms. H.N. Prabhu, Assistant Government Pleader for the respondent Nos.1 to 3 and Shri Abhijit Khare, Advocate for the respondent No.4.
2. Rule. Rule made returnable forthwith.
3. The petitioners/original complainants have challenged the order passed by the Hon'ble Minister by which the orders passed by the subordinate authorities cancelling the authorization of the petitioners of fair price shop are set aside and fresh enquiry is directed. The grievance of the petitioners is that because of the order passed by the Hon'ble Minister, the authorization of fair price shop may be restored in favour of the petitioners.
4. Considering the facts of the case, the petition is disposed in the following terms :
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(i) The enquiry directed by the Hon'ble Minister by the
impugned order shall be completed and the report shall be submitted to the State Government till 30-06-2017.
(ii) After receipt of the report, the Hon'ble Minister shall pass appropriate orders within two months from the date of receipt of the report. Needless to say that the Hon'ble Minister shall hear the petitioners and the respondent No.4.
(ii) The authorization of fair price shop shall not be restored in favour of the respondent No.4 until fresh orders are passed by the Hon'ble Minister, after receipt of the report called for by him.
Rule made absolute in the above terms. In the circumstances, the parties to bear their own costs.
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