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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.7252 OF 2017
Asif Khan Mustafa Khan, aged about 49
years, Occupation - Business, r/o At
post Wadegaon, Taluka - Balapur, District
Akola. ..... Petitioner.
:: VERSUS ::
1. The Deputy Commissioner (Supplies),
Akola, Division, Akola.
2. The District Supply Officer, Akola,
Taluka and District Akola. ..... Respondents.
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Shri F.T. Mirza, Counsel for the petitioner.
Shri M.J. Khan, Assistant Government Pleader for the
respondents/State.
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CORAM : V.M. DESHPANDE, J.
DATE : NOVEMBER 16, 2017.
ORAL JUDGMENT
1. Heard learned counsel Shri F.T. Mirza for the
petitioner and learned Assistant Government Pleader Shri
M.J. Khan for the respondents/State.
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2. Rule. Rule is made returnable forthwith. Heard
finally by consent of learned counsel for both the parties.
3. The petitioner, before this Court, is having
authorization to run a Fair Price Shop situated at village
Wadegaon, Taluka Balapur, District Akola. On 29.9.2017 his
shop was visited by an inspection officer from the Food
Supply Department. He found that quantity of Wheat is deficit
by 3.90 quintals. Whereas, Rice was found in excess quantity
to the extent of 2.54 quintals. Consequently, a show cause
notice dated 5.10.2017 was issued against the present
petitioner as to why action should not be taken against him.
4. Pursuant to the said show cause notice, the
petitioner appeared before the District Supply Officer with
his explanation and also filed his explanation along with
representation from the consumers that they do not have any
dispute or grudge against the petitioner.
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5. The District Supply Officer passed an order on
16.10.2017. By the said order, the District Supply Officer
found that since Wheat was found to be less and Rice was
found to be in excess, it requires a detailed enquiry.
Therefore, he directed the Tahsildar to record statements of
cardholders and submit a detailed report within a period of
one month. However, pending such enquiry, he ordered that
the authorization in favour of the petitioner to run the Fair
Price Shop be placed under suspension.
6. Feeling aggrieved by the said suspension order,
the petitioner preferred a revision before the Deputy
Commissioner (Supply), Amravati Division at Amravati since
the said authority is having revisional powers. The said
revision was filed under Clause 24 of the Maharashtra
Essential Commodities (Regulations and Distribution) Order,
1975. The said revision was registered as CSS
17/Wadegaon/2017-2018. Along with the revision, the
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petitioner has also filed an application for grant of Stay
staying effect and operation of order passed by the District
Supply Officer directing to place authorization of the
petitioner under suspension. The said Revisional Authority,
vide order dated 18.10.2017, after hearing learned counsel for
the petitioner, found that the petitioner has made out a prima
facie case for grant of Stay. Therefore, until further orders,
the Stay was granted meaning thereby that the order passed
by the District Supply Officer placing authorization of the
petitioner under suspension is stayed. Consequently, the
petitioner continued his activity of running the Fair Price
Shop at village Wadegaon, Taluka Balapur, District Akola.
7. The revision was finally decided by the Revisional
Authority on 10.11.2017. The Revisional Authority i.e. the
Deputy Commissioner (Supply), Amravati Division at
Amravati partly allowed the revision filed on behalf of the
petitioner. By partly allowing the revision, the Revisional
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Authority remanded the matter back to the District Supply
Officer to decide the same afresh in accordance with law
within a period of two months. However, while remanding
the matter back, the Revisional Authority revoked the order
of Stay granted by the said Revisional Authority on 18.10.2017.
8. The present writ petition is filed against the said
revocation of the Stay ordered on 18.10.2017.
9. Once the Revisional Authority on 18.10.2017 has
passed the order of granting Stay to the order passed by the
District Supply Officer placing authorization of the petitioner
under suspension since the Revisional Authority found that
there are reasons for granting the Stay and when the
Revisional Court partly allowed the revision and remanded
the matter back to the District Supply Officer for decision
afresh, in my view, the Revisional Authority has committed a
serious error in directing that the Stay order granted is not
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having effect.
10. Once the matter is remanded back to the District
Supply Officer, it is expected from the District Supply Officer
to pass the order in accordance with law. Therefore, without
there being anything against the petitioner, the Revisional
Authority has committed a mistake that the order passed by
the District Supply Officer directing to place authorization
under suspension shall come into operation. Such is unknown
to the settled principles of law.
11. In that view of the matter, this Court passes the
following order:
ORDER
i) The writ petition is allowed.
ii) Order dated 10.11.2017 passed under Clause 24 of the Maharashtra Essential Commodities (Regulations and Distribution) Order, 1975 by the .....7/-
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iii) It is made clear that pending proceedings before the District Supply Officer, the petitioner will be able to operate his authorization by running the Fair Price Shop at village Wadegaon, Taluka Balapur, District Akola.
iv) The District Supply Officer is directed to decide the proceedings within a period of two months as ordered by the Revisional Authority. The Rule is made absolute in aforesaid terms. However, there shall be no order as to costs.
JUDGE !! BRW !! ...../-
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