Bombay High Court
Shivram S/O Soma Jambhulkar And ... vs State Of Maha. Thr. ... on 14 August, 2017
Bench: S.C. Gupte
1 wp5173.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.5173/2017
1. Shivram S/o Soma Jambhulkar,
A/a. 55 Yrs., Occu. Agri.
2. Bhumeshwar S/o Balchandra Gabhane,
A/a. 50 Yrs., Occu. Agri.
Both R/o At & Post - Indora (Kurd)
Tah. Tirora, Distt. Gondia. ..Petitioners.
..Vs..
1. The State of Maharashtra,
through the Minister / Secretary,
Department of Food, Civil Supply and
Consumer Protection Maharashtra State
Mantralaya, Mumbai - 32.
2. The Deputy Commissioner (Supply)
Nagpur Division, Nagpur.
3. District Supply Officer,
Gondia, Tah. and Distt. Gondia.
4. Shri Krishna Kumar S/o Tejlal Patle,
A/a. Major, Occu. Fair Price Shop,
R/o At and Post - Indora (Khurd),
Tah. Tirora, Distt. Gondia. ..Respondents.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shri V.R. Borkar, Advocate for the petitioners.
Shri A.R. Chutke, A.G.P. for respondent Nos.1 to 3.
Mrs. A.R. Taywade, Advocate for respondent No.4.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CORAM : S.C. GUPTE, J.
DATE : 14.8.2017.
ORAL JUDGMENT
1. Heard learned counsel for the parties.
2 wp5173.17
2. Rule. Taken up for hearing forthwith by consent of counsel.
3. The petition challenges a revisional order passed by the Hon'ble
Minister of Food, Civil Supply and Consumer Protection on 12 th July, 2017. By
the impugned order, the Hon'ble Minister appears to have passed a one line
direction to list the matter for hearing upon stay of the orders below. The
record of the case indicates that on the complaint of the petitioners, who are
villagers / ration card holders of village Indora (Khurd), an enquiry was held
into alleged corrupt practices of respondent No.4, who is the owner of fair price
shop in the village. The Tahsildar, Tirora and Supply Inspector, Tirora (Urban)
visited the shop and submitted a report to the District Supply Officer, Gondia.
The District Supply Officer thereupon by his letter dated 30 th December, 2016
directed the Tahsildar to make a detailed enquiry and submit his report. This
detailed enquiry was conducted and report was submitted by the Tahsildar on
5th January, 2017. In the meeting of Gramsabha, the villagers of Indora
(Khurd) passed a unanimous resolution that the authorization of respondent
No.4 should be cancelled. On the report of the Tahsildar, Tirora, the District
Supply Officer, by his order dated 30 th January, 2017 issued a show cause
notice to respondent No.4. An explanation was submitted by respondent No.4
in response to this notice. Upon enquiry, thereafter, the District Supply Officer
vide his letter dated 18th February, 2017 cancelled the authorization of the fair
price shop and forfeited the amount of deposit placed by respondent No.4. The
3 wp5173.17
District Supply Officer made temporary arrangements allowing the fair price
shop of an adjacent village to cater to the ration card holders of the village
Indora (Khurd). The respondent No.4, thereafter, preferred a revision
application before the Deputy Commissioner of Supply, Nagpur Division,
Nagpur. By his order 17th May, 2017, the Deputy Commissioner remanded the
matter to the District Supply Officer, Gondia for an enquiry with some
directions. The temporary arrangement ordered by the District Supply Officer,
however, was not disturbed. Aggrieved by this order of the Deputy
Commissioner, respondent No.4 appears to have preferred a revision before the
State of Maharashtra, through the Hon'ble Minister, Department of Food, Civil
Supply and Consumer Protection, in which the one line order, as indicated
above, was passed by the Hon'ble Minister.
4. It is apparent that in the face of the complaint of corrupt practices
by the villagers, including the petitioners, and the report submitted and
detailed enquiry carried out by the Tahsildar and thereafter by the District
Supply Officer and the matter being simply remanded by the first revisional
authority for a further enquiry with certain directions and with an alternate
arrangement for catering to the ration card holders of village Indora (Khurd)
being in place (at least since 18 th February, 2017), the Hon'ble Minister could
not have stayed the orders below without hearing the petitioners. In the
premises, the impugned order of stay passed by the Hon'ble Minister has
4 wp5173.17
caused failure of justice and needs to be corrected. Rule is accordingly made
absolute and the impugned order of 12th July, 2017 passed by respondent No.1
is quashed and set aside and the matter is remanded to respondent No.1 for a
fresh hearing in accordance with law. It is made clear that before passing any
interim order, including stay or otherwise, respondent No.1 shall cause a notice
to be issued to the petitioners herein and hear them on such interim application
and orders to be passed on the revision application of respondent No.4. Till the
Hon'ble Minister decides the matter, after hearing the parties, including the
petitioners herein, the alternate arrangements made vide District Supply
Officer's order dated 18th February, 2017 shall continue to operate.
Respondent No.1 shall hear the parties and take a decision on the interim order
to be passed within a period of six weeks from today.
5. All parties to act on a copy of this order duly authenticated by the
Sheristedar of the Court.
JUDGE
Tambaskar.
