Bombay High Court
Sheshrao Jayantrao Biradar vs The State Of Maharashtra And ... on 3 September, 2021
Bench: Mangesh S. Patil
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2719/2019
Sheshrao S/o Jayantrao Biradar,
Age 70 years, Occu : Agril,
R/o Somthana, Post.Degol,
Tq. Shiruranantpal, Dist.Latur .. PETITIONER
VERSUS
1] The State of Maharashtra
Through its Secretary
Food & Supply Department,
Mantralaya, Mumbai-32
2] The Deputy Commissioner,
Food & Supply Department,
Aurangabad.
3] The District Supply Officer,
Latur Tq. & Dist.Latur.
4] The Tahsildar,
Shiruranantpal, Tq. Shiruranantpal,
Dist.Latur.
5] Vishnu S/o Subhash Biradar
Age 40 years, Occu : Agril
R/o Somthana, Post.Degol
Tq. Shiruranantpal,Dist.Latur. .. RESPONDENTS
...
Advocate Mr.G.L.Awale for the petitioner
A.G.P. Mr.K.B.Jadhavar for respondent nos. 1 to 4
Advocate Smt.A.M.Kulkarni for respondent no.5.
...
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2
CORAM: MANGESH S PATIL,J.
DATE : 03.09.2021
ORAL JUDGMENT :
Heard. Rule. The Rule is made returnable forthwith.
The learned advocates for the respondents waive service.
With the consent of both the sides the matter is heard finally
at the stage of admission.
2] The petitioner made grievance that the respondent no.5
who was granted a licence to run a fair price shop had
indulged in several irregularities. The District Supply Officer,
after inquiring into the allegations, by the order dated
28/4/2016 suspended the licence and directed attachment of
ration cards of his shop to some other shop. The respondent
challenged the order of the District Supply Officer before the
Deputy Commissioner(Supply). His revision was allowed, the
order of the District Supply Officer directing suspension of
licence was quashed and set aside and the matter was
remanded to him for decision by conducting inquiry afresh.
Aggrieved by such a direction of remand the petitioner
challenged that order before the State Government. The
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learned Minister by the order dated 11/12/2018 allowed the
revision, cancelled the order of Deputy Commissioner
(Supply) remanding the matter and restored the order of the
District Supply Officer. The respondent no.5 sought review of
the order and by the impugned order it was allowed and the
order passed by the Deputy Commissioner (Supply)
remanding the inquiry was restored. While allowing such
review directions were issued by the learned Minister and the
direction in Clause No.6 is to the effect that the District Supply
Officer would hold a fresh inquiry, record statements of the
card holders, extend opportunity to the respondent no.5 of
being heard, inspect records of his shop and if it was found
that there were irregularities, to initiate an action as deemed
necessary.
3] The learned Advocate Smt.Kulkarni submits that
because of the interim relief granted in this Petition, even the
inquiry as is contemplated in Clause No.6 of the impugned
order is not being conducted.
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4] The learned advocate for the petitioner submits that in
such eventuality even the Writ Petition can be disposed of as
logical and legal consequences would follow once the inquiry
is completed.
5] In view of such state of affairs, the Writ Petition is
disposed of. The Rule is discharged.
[MANGESH S. PATIL,J.]
umg/
