Bombay High Court
The Chairman-Vividhkaryakari ... vs The District Supply ... on 15 June, 2017
Bench: Naresh H. Patil
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8693 OF 2003
The Chairman, Vividhkaryakari Vikas )... Petitioner.
Seva Sahakari Sanstha, Andewadi (Bk.) )
Tal. Akkalkot, Dist. Solapur )
V/s.
1. The District Supply Officer, )
Solapur Dist., Solapur. )
)
2. The Deputy Commissioner (Supply), )
Pune Division, Pune. )
)
3. The Minister for Food, Civil Supplies )
& Consumer Protection, Maharashtra )
State, Mantralaya, Mumbai -32. )
)
4. Shri Bhimsha Ravappa Yelmali, )
Adult,Occ.Agriculturist, R/o. Andewadi, )
Tal. Akkalkot, Dist.Solapur. )
)
5. Shri Revanshidh Bhimsha Pujari, )...Respondents.
Adult, Occ. Agriculturist, R/o. Andewadi, )
Tal.Akkalkot, Dist. Solapur. )
---
Mr. S. G. Kudle, Advocate for the Petitioner.
Ms. R. A. Salunkhe, AGP for the State - Respondents.
---
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CORAM : NARESH H. PATIL AND
SMT. BHARATI H. DANGRE,JJ.
DATE : 15th JUNE, 2017
ORAL JUDGMENT : (PER NARESH H. PATIL, J.)
1 A license to run ration shop at village Andewadi.
Tal. Akkalkot, Dist. Solapur, was sanctioned to the Chairman,
Vikas Karya Seva Sahakari Society, Andewadi, the Petitioner
herein. The said ration shop was inspected by the concerned
officer on 24.03.2003, who noticed following inconsistencies :
1) Foodgrains specimens were not kept.
2) Card Holders are not issued receipts.
3) Signature/thumb impression of the card holders
is not taken on the receipts.
4) There is no Board mentioning thereon that
complaint book is available.
5) There is no board displaying rates of items sold,
nor is there Board displaying stocks.
6) Register of announcement is not kept.
7) The Fair Price shop is not regularly opened at
the fixed time.
8) No remarks such as "Current" "Closed" are put
on the receipt book.
9) Permit is not made available for inspection.
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10) The Card Holders have made written complaints
about the Fair Price shop to the effect that
they have not received goods/items on time,
receipts are not given, card holders have to
listen to rude talks, foodgrains are not distri-
buted as per the rules but same is done at
will, the shop is kept open only on two to
three days in a month.
2 The Petitioners were served with the notice and
were called upon to submit their explanation. The Chairman of
the then managing committee of the Society submitted the
explanation. The Society could not explain the deficiencies
pointed out by the concerned government officer.
3 By an order dated 20th May, 2003, the District
Supply Officer, Solapur, forfeited the deposits kept by the
Society and credited the same with the Government. The
authorization of the fair price shop of the petitioner was
cancelled.
4 The Petitioner Society preferred a revision
application to Deputy Commissioner (Supply), Pune Division,
Pune. By judgment and order dated 15.07.2003, the revision
application came to be rejected by the Dy. Commissioner.
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5 The proceedings were initiated before the Hon'ble
Minister for Food, Civil Supplies & Consumer Protection, State
of Maharashtra. The Hon'ble Minister by order dated
05.11.2003 dismissed the revision application of the Petitioner
Society. Against this order, the present petition is filed.
6 On behalf of the Respondent-State, Naib
Tahasildar Akkalkot, District Solapur filed an affidavit-in-reply.
In paras 7 and 9 thereof, the deponent stated as under :
"7. I say that the Petitioner, Society has replied to
the said show cause notice duly signed by one Mr.
Patil B.I., Chairman of the Petitioner, Society on 8-4-
2003 and which was submitted to District Supply
Officer on 28-4-2003. I say that in the said Reply
dated 8-4-2003 duly singed by the Chairman of the
Petitioner, Society, the Society has admitted the
deficiencies and irregularities noticed by the Taluka
Supply Inspector and prayed for paradon.
9. I say that the Petitioner, Society is not fit to run
the fair price shop because the several deficiencies
and irregularities were found in the functioning of
the petitioner, society's fair price shop, which were
detected upon the complaints of several card
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holders. Therefore, the action was required to be
taken at the instance the complaint made by the
several ration card holders. Accordingly, the said
action was taken as per the Government policy. I
say that there is a policy contained in Circular
No.PDS/1002/1316/Case No.984/CS-28 dated 1-2-
2003. Hereto annexed and marked as Exhibit "5" is
the copy of the said Circular dated 1-2-2003. I say
that all the authorities i.e. Taluka Supply Inspector,
Akkalkot, Tahasildar, Akkalkot, District Supply
Officer, Solapur and Deputy Commissioner (Supply),
Pune Region, Pune ascertained and found that the
Petitioner, Society is not entitled to run the
authorised fair price shop in view of the several
deficiencies and irregularities found in the physical
and actual inspection taken by the concerned Taluka
Supply Inspector, Akkalkot by visiting the fair price
shop of the petitioner, society and by recording the
statement of the card holders in view of the severe
complaints made by the ration card holders."
7 The learned counsel for the petitioners submitted
that thereafter a new Managing Committee assumed charge
and has been looking after the functioning of the ration shops.
They have not committed any defaults nor repeated the
mistakes committed by the earlier Managing Committee. It is
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the petitioner's case that the action initiated against its Society
was politically motivated.
8 The learned counsel for the petitioner submitted
that by an order dated 08.12.2003 passed by the Division
Bench of this Court, a notice was issued to the respondents
and the interim stay granted by the revisional authority was
continued. In the meanwhile, this petition was admitted by
the Division Bench of this court vide order dated 22.03.2004
and the interim order granted earlier was continued. The
learned counsel submitted that the petitioner is running the fair
price shop in accordance with the policy and the guidelines
laid down in that behalf.
9 The learned AGP submitted that the petitioner had
failed to convince the authorities. No case is made out by the
petitioner for causing interference by this court in the writ
jurisdiction. Learned AGP prayed for dismissal of the petition.
10 We have heard both the sides and perused the
record placed before us. The Petition was admitted and the
interim relief was granted, meaning thereby that the petitioners
were allowed to continue to run the ration shop. The learned
counsel appearing for the petitioners submits that since last
many years, the petitioners are running the fair price shop and
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that no deficiencies were pointed out in the functioning of the
ration shop.
11 The petitioners assured that they would conduct
the fair price shop in a fair and transparent manner without
flouting the prescribed Rules and Regulations made in that
behalf.
12 From the record, it is noticed that the several
deficiencies were pointed out when the earlier Managing
Committee was in-charge of running the fair price shop. The
petitioners have fairly admitted that some mistakes had taken
place while the earlier Managing Committee was running the
ration shop, but assure that in future such mistakes will not be
repeated.
13 We have also taken into consideration the welfare
of the villagers, as under the impugned order it is informed to
us that the petitioners were running the fair price shop even
now.
14 We observe that the District Supply Officer would
be entitled to take appropriate action if it is noticed that if any
violation of the prescribed rules and regulations is noticed in
the petitioner's conduct in running the ration shop.
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15 Taking into consideration over all facts and
circumstances of the case and the order passed by the Division
Bench of this court in the identical petition being writ petition
no. 8703 of 2003 dated 17th June,2004, this writ petition
deserves to be allowed.
16 For the reasons stated above, the impugned order
is quashed and set aside.
17 The Petition is allowed. Rule is made absolute in
the above terms.
(SMT. BHARATI H. DANGRE,J.) (NARESH H. PATIL,J.)
.....
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