Tatyarao Mohanrao Magre And Ors vs The State Of Maharashtra And Ors
2017 Latest Caselaw 8995 Bom

                                                              W.P. No.1104/2008
                                      (( 1 ))

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               BENCH AT AURANGABAD



                        WRIT PETITION NO.1104 OF 2008


 1.

Tatyarao s/o Mohanrao Magre, Age 48 years, Occu. Business, R/o Kingaon, Tq. Phulambri, District Aurangabad.

2. Vinayak s/o Shamrao Jadhav, Age 52 years, Occu. Business, R/o Vavna, Tq. Phulambri, District Aurangabad.

3. Balaji s/o Bandu Zalte, Age 53 years, Occu. Business, R/o Pimpalgaon (Ga), Tq. Phulambri, District Aurangabad.

4. Radhakishan s/o Dhanaji Wagh, Age 47 years, Occu. Business, R/o Vadodbajar, Tq. Phulambri, District Aurangabad.

5. Sau. Manisha w/o Bhavsing Rajput Age 32 years, Occu. Business, R/o Nidhona, Tq. Phulambri, District Aurangabad.

6. Sk. Khajabhai Sk. Ladubhai Age 51 years, Occu. Business, R/o Nidhona, Tq. Phulambri, District Aurangabad.

7. Laxman s/o Ahelaji Pande Age 54 years, Occu. Business, R/o Mamnabad, Tq. Phulambri, District Aurangabad.

8. Pralhad Patil Dakale Age 47 years, Occu. Business, R/o Georai (Gungi), Tq. Phulambri, District Aurangabad.

W.P. No.1104/2008 (( 2 ))

9. Vithal s/o Gopala Wadekar, Age 50 years, Occu. Business, R/o Chincholi (N), Tq. Phulambri, District Aurangabad.

10. Pundlik s/o Totaram Gaikwad, Age 45 years, Occu. Business, R/o Naigaon, Tq. Phulambri, District Aurangabad.

11. Subhash s/o Gitaram Shinde, Age 44 years, Occu. Business, R/o Sultanwadi, Tq. Phulambri, District Aurangabad.

12. Mithu s/o Bhaurao Chopde Age 49 years, Occu. Business, R/o Naigavhan, Tq. Phulambri, District Aurangabad.

13. Sau. Kamlabai w/o Ambadas Shrikhande Age 37 years, Occu. Business, R/o Wahegaon, Tq. Phulambri, District Aurangabad.

14. Sudam s/o Patilba Mate Age 47 years, Occu. Business, R/o Bilda, Tq. Phulambri, District Aurangabad.

15. Narsing s/o Begaji Deore, Age 54 years, Occu. Business, R/o Gumstala, Tq. Phulambri, District Aurangabad.

16. Namdeo s/o Sandu Mankape Age 48 years, Occu. Business, R/o Jategaon, Tq. Phulambri, District Aurangabad.

17. Dhanaji Manaji Dhude Age 51 years, Occu. Business, R/o Daregaon (Dari), Tq. Phulambri, District Aurangabad.

18. Vishvambar s/o Pundlik Nikam Age 46 years, Occu. Business, R/o Wanegaon, Tq. Phulambri, District Aurangabad.

W.P. No.1104/2008 (( 3 ))

19. Shailendra s/o Ambadas Tiwari, Age 48 years, Occu. Business, R/o Ganori, Tq. Phulambri, District Aurangabad.

20. Bhavsingh s/o Aaram Rajput Age 40 years, Occu. Business, R/o Lalwan, Tq. Phulambri, District Aurangabad.

21. Devidas s/o Bhimrao Thorat Age 47 years, Occu. Business, R/o Bhoygaon, Tq. Phulambri, District Aurangabad.

22. Dalsingh Bajrang Age 49 years, Occu. Business, R/o Malodyachi Wadi, Tq. Phulambri, District Aurangabad.

23. Santosh s/o Jagannath Misal, Age 45 years, Occu. Business, R/o Phulambri, Tq. Phulambri, District Aurangabad.

24. Ajay s/o Wamanrao Sherkar Age 46 years, Occu. Business, R/o Phulambri, Tq. Phulambri, District Aurangabad.

25. Umakant s/o Kondiba Adhav, Age 43 years, Occu. Business, R/o Phulambri, Tq. Phulambri, District Aurangabad.

26. Baburao s/o Khando Dindore, Age 44 years, Occu. Business, R/o Dhamangaon, Tq. Phulambri, District Aurangabad.

27. Smt. Shobhabai w/o Kashinath Shewale, Age 32 years, Occu. Business, R/o Phulambri, Tq. Phulambri, District Aurangabad.

28. Dipak s/o Bhagaji Wagh, Age 49 years, Occu. Business, R/o Phulambri, Tq. Phulambri, District Aurangabad.

W.P. No.1104/2008 (( 4 ))

29. Bhaginath Gajaba Tarte Age 47 years, Occu. Business, R/o Babhulgaon, Tq. Phulambri, District Aurangabad.

30. Pharjanbi Daudshaikh Age 33 years, Occu. Business, R/o Dhamangaon, Tq. Phulambri, District Aurangabad.

31. Sahebrao s/o Trimbak Badke Age 51 years, Occu. Business, R/o Sweta, Tq. Phulambri, District Aurangabad.

32. Kachru s/o Bala Balle Age 49 years, Occu. Business, R/o Mhasla, Tq. Phulambri, District Aurangabad.

33. Vijay s/o Uttamrao Bhisane Age 46 years, Occu. Business, R/o Sonari, Tq. Phulambri, District Aurangabad.

34. Asaram s/o Eknath Kadam Age 52 years, Occu. Business, R/o Relgaon, Tq. Phulambri, District Aurangabad.

35. Bhagwan s/o Kisan Bhivsane Age 48 years, Occu. Business, R/o Babra, Tq. Phulambri, District Aurangabad.

36. Gorakhnath s/o Umaji Katkar Age 47 years, Occu. Business, R/o Khamgaon, Tq. Phulambri, District Aurangabad.

37. Bajirao s/o Dagdu Lahane Age 50 years, Occu. Business, R/o Lahanyachi Wadi, Tq. Phulambri, District Aurangabad.

38. Chagan s/o Bala Kakade Age 45 years, Occu. Business, R/o Waghalgaon, Tq. Phulambri, District Aurangabad.

W.P. No.1104/2008 (( 5 ))

39. Bhagwan s/o Anajda Jadhav Age 48 years, Occu. Business, R/o Sanjul, Tq. Phulambri, District Aurangabad.

40. Sakharam s/o Waluka Kolte Age 51 years, Occu. Business, R/o Kavitkheda, Tq. Phulambri, District Aurangabad.

41. Deosing s/o Bhika Chandanse Age 47 years, Occu. Business, R/o Stala (Bu.), Tq. Phulambri, District Aurangabad.

42. Motilal s/o Kachru Patthe Age 46 years, Occu. Business, R/o Lohagad Nandra, Tq. Phulambri, District Aurangabad.

43. Mithu s/o Shripati Jadhav, Age 49 years, Occu. Business, R/o Wanegaon, Tq. Phulambri, District Aurangabad.

44. Smt. Mirabai Shinarayan Jaiswal Age 35 years, Occu. Business, R/o Stal Pimpri, Tq. Phulambri, District Aurangabad.

45. Tejrao s/o Vitthal Vivtekar Age 52 years, Occu. Business, R/o Murshidabadwadi, Tq. Phulambri, District Aurangabad.

46. Ansaram s/o Ramji Theple Age 47 years, Occu. Business, R/o Pal, Tq. Phulambri, District Aurangabad.

47. Kailash s/o Taruba Jadhav, Age 45 years, Occu. Business, R/o Jatwa, Tq. Phulambri, District Aurangabad.

48. Shaikh Shafiq Shaikh Mithu Age 44 years, Occu. Business, R/o Umravati, Tq. Phulambri, District Aurangabad.

W.P. No.1104/2008 (( 6 ))

49. Sanjay s/o Ganpat Khambat Age 47 years, Occu. Business, R/o Umravati, Tq. Phulambri, District Aurangabad.

50. Madhavrao s/o Rangnath Jadhav, Age 50 years, Occu. Business, R/o Aland, Tq. Phulambri, District Aurangabad.

51. Vinayak s/o Asaram Arsul Age 49 years, Occu. Business, R/o Ranjangaon, Tq. Phulambri, District Aurangabad.

52. Niranjan s/o Sundarprasad Tiwari Age 43 years, Occu. Business, R/o Ganori, Tq. Phulambri, District Aurangabad.

53. Bhaskar s/o Mahadu Gaikwad Age 46 years, Occu. Business, R/o Waghala, Tq. Phulambri, District Aurangabad.

54. Kondiba s/o Gundiba Gadekar Age 42 years, Occu. Business, R/o Adgaon Ku., Tq. Phulambri, District Aurangabad.

55. Santaram s/o Kachru Chavan Age 48 years, Occu. Business, R/o Kingaon, Tq. Phulambri, District Aurangabad.

56. Gangadhar s/o Sampatrao Sonwane Age 44 years, Occu. Business, R/o Khamgaon, Tq. Phulambri, District Aurangabad.

57. Narendra s/o Uttamrao Deshmukh Age 54 years, Occu. Business, R/o Borgaon, Tq. Phulambri, District Aurangabad.

58. Sarangdhar s/o Baburao Gadekar Age 47 years, Occu. Business, R/o Pirbawda, Tq. Phulambri, District Aurangabad.

W.P. No.1104/2008 (( 7 ))

59. Kalyan s/o Bhaginath Gadekar Age 45 years, Occu. Business, R/o Marsavali, Tq. Phulambri, District Aurangabad.

60. Rajendra s/o Bankatrao Kale Age 49 years, Occu. Business, R/o Pal, Tq. Phulambri, District Aurangabad.

61. Anusayabai w/o Raosaheb Jadhav, Age 48 years, Occu. Business, R/o Babhulgaon, Tq. Phulambri, District Aurangabad. ... PETITIONERS

VERSUS

1. The State of Maharashtra through the Principal Secretary, Food, Civil Supplies and Consumer Protection Department for State of Maharashtra, Mumbai

2. The Collector, Aurangabad Taluka and District Aurangabad

3. The District Supply Officer, Aurangabad, Taluka and District Aurangabad

4. The Tahsildar, Phulambri, Tq. Phulambri, Dist. Aurangabad

to be served on Govt. Pleader, High Court, Bench at Aurangabad) ... RESPONDENTS

.....

Shri Amol Gandhi, Advocate for petitioners Mrs. M.A. Deshmukh, Addl. G.P. for respondents .....

CORAM: RAVINDRA .V. GHUGE AND SUNIL K. KOTWAL, JJ.

DATED : 23rd NOVEMBER, 2017.

W.P. No.1104/2008 (( 8 ))

ORAL JUDGMENT (PER RAVINDRA V. GHUGE, J.):

1. By this petition, the petitioners have challenged the

proclamation dated 9.1.2008, issued by the District Supply

Officer, Aurangabad, for fresh allotment of fair price shops for

kerosene licences in the respective villages under Phulambri

Taluka. The impugned order was issued on the basis of the

notification issued by the State Government, which was subject

matter of Writ Petition No.698/2008 (Baburao Namdeo Ragade &

ors. Vs. The State of Maharashtra & ors., and connected Writ

Petitions. By order dated 21.12.2010, this Court dismissed all

the petitions.

2. After the dismissal of the petitions, the counsel for

the petitioners made a request for maintaining status quo with

respect to the distribution of kerosene for a period of three

months, from the date of the order. The said request was

accepted, and status quo with regard to the right to vend

kerosene, was protected for three months. In the above said

period of three months, the petitioners, in those matters, are

said to have approached the Hon'ble Apex Court in Special Leave

to Appeal bearing No.7743/2001. By the judgment of the

Hon'ble Apex Court, the judgment of this Court, dated

21.12.2010, was sustained and the Special Leave Petition was

dismissed.

W.P. No.1104/2008 (( 9 ))

3. Learned counsel for the petitioners submits that,

since this petition is on identical set of facts, and since the

grievance of those petitioners, identically placed with these

petitioners, have suffered an adverse order before the Hon'ble

Apex Court, he prays for a similar protection of maintaining

status quo in respect of distribution of kerosene for a period of

three months from today.

4. In another group of matters, in Writ Petition

No.3001/2009 (Venkatrao Manikrao Kendre Vs. State of

Maharashtra & ors.) and connected matters, this Court has

delivered its order on 26.2.2016, dismissing those petitions as

well.

5. We cannot be oblivious to the fact that, after the

judgment dated 21.12.2010, those petitioners who had suffered

dismissal of their petitions, desired to approach the Hon'ble Apex

Court. It was in those circumstances that they were granted

status quo for a period of three months. Now that the challenge

to the judgment of this Court before the Hon'ble Apex Court has

been negated with the dismissal of the Special Leave Petition, we

do not find any reason to accede to the request of the petitioners

that, status quo for a period of three months be granted.

6. Nevertheless, we are conscious of the fact that, a

sudden disruption of vending of kerosene under the orders of this

W.P. No.1104/2008 (( 10 ))

Court would affect the fair price shop cardholders. We,

therefore, deem it appropriate to allow the petitioners to vend

kerosene only for a period of one month from today, during

which period, the State Government would initiate appropriate

steps so as to ensure that the cardholders are not put to any

inconvenience.

7. In the light of the above, this petition is dismissed.

The petitioners would be permitted to vend the kerosene in

accordance with the rules, for a period of one month from today.

It is expected that the State Government would ensure steps for

making proper arrangement so that, after one month the

cardholders would not be put to any inconvenience or hardships.

8. Rule is discharged.

          ( SUNIL K. KOTWAL )             ( RAVINDRA V. GHUGE )
               JUDGE                             JUDGE




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