Shilpa Suresh Shinde vs The State Of Mah And Ors
2022 Latest Caselaw 110 Bom

                                  (1)                         963-wp-3538-2008




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                      WRIT PETITION NO.3538 OF 2008

 Shilpa W/o Suresh Shinde,
 Age: 33 years, Occu.: Household,
 and Sarpanch of Village Deola,
 R/o Deola, Tq. Wadwani, Dist. Beed. ..Petitioner

                  VERSUS

 1.       The State of Maharashtra
          Through Secretary,
          Food and Civil Supply &
          Consumer Protection Department,
          Mantralaya, Mumbai.

 2.       The Collector,
          Beed.

 3.       The District Supply Officer,
          Beed.

 4.   The Tahsildar,
      Wadwani, Tq. Wadwani,
      District: Beed.                ..Respondents
                         ...
 Mr. S. S. Thombre, Advocate for the Petitioner.
 Mr. P. S. Patil, AGP for Respondent Nos.1 to 4.
                                        ...

                               CORAM : S. V. GANGAPURWALA &
                                       S. G. DIGE, JJ.

DATED : 04th JANUARY, 2022.

ORAL JUDGMENT (Per: S. V. Gangapurwala, J.):-

1. It is submitted that, the Government Resolution dated 03.11.2007 does not survive in view of the subsequent Government Resolution dated 06.02.2017.

(2) 963-wp-3538-2008

2. The Government Resolution dated 06.02.2017 is not before us. The petitioner is a Sarpanch of Grampanchayat, Deola, Tal. Wadwani. The Grampanchayat is issued with the license to run Fair Price Shops. Under Government Resolution dated 03.11.2007, the Government order dated 03.01.2006 was canceled and the preference list was prepared.

3. The Government Resolution dated 03.11.2007 states that, Fair Price Shops and Kerosene License in existence shall not be canceled. In view that, the petitioner would not be affected by the said Government Resolution. It appears that, subsequently proclamation has been issued on 19.04.2008 for allotment of Fair Price Shop for village Deola, Tal. Wadwani.

4. It is the contention of the petitioner that, the Fair Price Shop License in favour of the Grampanchayat, Deola was never canceled and is in existence. In view of that, Government Resolution would not apply to the petitioner. Under order dated 03.05.2008 status quo was directed to be maintained. Subsequently, Rule is granted.

5. As the Government Resolution dated 03.11.2007 is now replaced by subsequent Government Resolution dated 06.02.2017, the challenge to the Government Resolution dated 03.11.2007 does not survive. In case, the license is still in force

(3) 963-wp-3538-2008

issued in favour of Grampanchayat Deola, Tal. Wadwani, then the proclamation impugned in the present writ petition also would stand set aside.

6. Rule accordingly made absolute in above terms. No costs.

   (S. G. DIGE)                                 (S. V. GANGAPURWALA)
          JUDGE                                         JUDGE


 Devendra/January-2022