Shivraj Prabhakarrao Kale And ... vs State Of Maharashtra Through ...
2017 Latest Caselaw 1419 Bom

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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.

JUDGE

adgokar