Adarsh Mahila Bachat Gut Through Its ... vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 187 Bom

Bombay High Court

Adarsh Mahila Bachat Gut Through Its ... vs The State Of Maharashtra Through Its ... on 4 January, 2024

                                      1              173- W. P. No. 173-2024.odt




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                    WRIT PETITION NO. 173 OF 2024


ADARSH MAHILA BACHAT GUT THROUGH ITS PRESIDENT NILOFER
            TAHSIN SHAIKH MOHIB SHAIKH AHMED
                         VERSUS
 THE STATE OF MAHARASHTRA THROUGH ITS SECRLELTARY AND
                         OTHERS

                                   ....
Advocate for the Petitioner : Mr. D.A. Mane h/f Mr. Nilkanth R. Pawade
          AGP for Respondent Nos. 1 to 3 : Mr. A. S. Shinde
                                   ....

                                 CORAM : S. G. MEHARE, J.
                                 DATE : 04.01.2024

PER COURT :

1.      The learned counsel for the petitioner submits that the petitioner

is running fair price shop since 2021.        The petition preferred by

respondent No.4 was dismissed. The revision against that order was

also dismissed. However, the Hon'ble Minister in review proceeding

allowed petition of respondent No.4.        He further submits that the

District Supply Officer, Parbhani has issued the notices for fresh

selection of the suitable candidates for re-allottment of the fair price

shop.     The scrutiny is posted for today.      If the process will be

completed, the petitioner may suffer irreparable loss. The letter dated

02.01.2024 is placed on record. This letter shows that the programme
                                      2              173- W. P. No. 173-2024.odt



is fixed for verification of the yearly accounts of the applicant entitle

to allotment of the fair price   shop.   The process was to be started

today at 12.30 p.m. Hence, he prayed to stay the impugned judgment

and order of the Hon'ble minister.



2.    There are two concurre1nt order in favour of the petitioner.

However, suddenly in a review, the orders in favour of petitioners

were reversed and the District Supply Officer was directed to conduct

a fresh process for the allotment of the fair price shop run by the

petitioner.   Considering the facts of the case and two concurrent

orders in favour of the petitioner, there appears a good case for passing

ex-parte interim order. Hence, the following order.

                          ORDER

(I) The District Supply Officer, Parbhani is directed to complete the process but he should not allot the fair price shops to any other persons if selected, which the petitioner is running till the appearance of all respondents.

3. Stand over to 25.01.2024.

( S. G. MEHARE ) JUDGE

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