Bombay High Court
Kupwad Vivid Karyakari Sahakari Seva ... vs The Minister, Ministry Of Food on 24 September, 2024
Author: A. S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-AS:38397-DB
11-WP-9992-10 judgement.doc Rameshwar Dilwale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9992 OF 2010
Kupwad Vivid Karyakari Sahakari }
Seva Sanstha, Kupwad, }
RAMESHWAR
LAXMAN through its Chairman/ Secretary }
DILWALE
Taluka: Miraj, District Sangli. } .. Petitioner
Digitally signed by
RAMESHWAR
Vs.
LAXMAN DILWALE
Date: 2024.09.27
1. The Hon'ble Minister, }
18:41:24 +0530
Ministry of Food,Civil Supplies }
and Consumer Protection }
having its office at Mantralaya, }
Mumbai - 400 032. }
2. Dy. Commissioner (Supply) }
Pune Division, Pune. }
3. District Supply Officer & }
Food Supply Officer, Sangli }
4. Padmabhushan Vasant Patil }
Prathamik Sahakari Grahak }
through, the Liquidator }
Co-operative officer, Class-II }
Office of Dy. Registrar Co-op. }
Society Miraj, Dist. Sangli. } .. Respondents
...
Mr. Nagesh Y. Chavan, Advocate for the petitioner.
Mr. N. C. Walimbe, Additional Government Pleader with Mr. N. K.
Rajpurohit, Assistant Government Pleader for the respondent
nos.1 to 3-State.
...
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 24th SEPTEMBER, 2024.
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11-WP-9992-10 judgement.doc Rameshwar Dilwale
ORAL JUDGMENT :(PER : A. S. CHANDURKAR, J)
1. Despite issuance of notice to the respondent no.4-Society it
has not appeared to contest the writ petition. As per the report of
the Bailiff it has been stated that there is no co-operative society
answering the description of the respondent no.4 after its
liquidation. The learned counsel for the petitioner has tendered
communications dated 31/07/2024 and 08/07/2024 to indicate
that the respondent no.4-Society after its liquidation is not shown
to exist. Since the writ petition of the year 2010, we have
proceeded to consider the challenge on its merits.
2. It is the case of the petitioner-Co-operative Society that it is
operating four fair price shops within its territorial jurisdiction. On
noticing certain shortcomings at one fair price shop, a show cause
notice dated 30/03/2009 came to be issued by the District Supply
Officer seeking the Society's explanation. The Society furnished its
explanation in that regard after which the District Supply Officer
passed an order dated 17/04/2009 holding that the Society had
breached conditions of the allotment. Its license came to be
cancelled after forfeiting the amount of security deposit. Being
aggrieved, the Society challenged the said order before the Deputy
Commissioner (Supply). By order dated 07/07/2009, the revision
application was dismissed and the order passed by the District
11-WP-9992-10 judgement.doc Rameshwar Dilwale
Supply Officer on 17/04/2009 was confirmed. Not being satisfied
with the aforesaid order, the Society approached the State
Government. On 18/03/2010, the Hon'ble Minister, Ministry of
Food, Civil Supplies and Consumer Protection partly allowed the
revision application and set aside order dated 10/07/2009 and
17/04/2009. He imposed fine of Rs. 5,000/- for the irregularities
committed. Further directions were also issued in the matter. It
appears that the respondent no.4- another co-operative society
filed a review application before the State Government. On
18/08/2010, the Hon'ble Minister set aside his earlier order dated
18/03/2010 and restored the orders passed by the District
Supply Officer and Deputy Commissioner (Supply). Being
aggrieved, the Society has challenged the aforesaid order.
3. We have heard the learned counsel for the petitioner and the
learned Additional Government Pleader for the respondent nos.1
to 3. Perusal of the order dated 18/03/2010 passed by the
Hon'ble Minister in the revision application preferred by the
Society against the order passed by the Deputy Commissioner
(Supply), it can be seen that after noticing that the fair price shop
was being run by a co-operative society, the Hon'ble Minister was
of the view that one opportunity ought to be given to the said
11-WP-9992-10 judgement.doc Rameshwar Dilwale
Society for conducting the fair price shop, various directions were
issued including levying an amount of penalty of Rs.5,000/-. The
subsequent order passed in exercise of review jurisdiction dated
18/08/2010 does not indicate as to how the respondent no.4-
Society was aggrieved by the earlier order. Though the locus of the
said Society was questioned, its review application was
entertained without going into that aspect. Thereafter the matter
was re-considered as if revisional jurisdiction and not review
jurisdiction was being exercised. The order dated 18/08/2010
does not indicate as to how the earlier order dated 18/03/2010
passed by the same Hon'ble Minister was required to be reviewed.
There is no finding recorded that there was any error apparent in
the earlier order. In absence of any ground being made out to
exercise review jurisdiction, a re-consideration of the entire matter
afresh was not permissible. The order dated 18/08/2010 proceeds
to decide the revision application afresh ignoring the fact that the
said revision application had been decided earlier on 18/03/2010.
We therefore find that in the absence of any ground
whatsoever being made out to exercise review jurisdiction, the
Hon' ble Minister committed a jurisdictional error in setting aside
his earlier order dated 18/03/2010 and passing a fresh order. On
this ground, the impugned order is liable to be set aside and the
11-WP-9992-10 judgement.doc Rameshwar Dilwale
original order ought to be restored.
4. Hence for the aforesaid reasons, the order dated
18/08/2010 passed in exercise of review jurisdiction is set aside
and the order dated 18/03/2010 originally passed by the Hon'ble
Minister, Ministry of Food, Civil Supplies and Consumer
Protection is restored. The Society shall ensure that the fair price
shop is operated in accordance with the terms of allotment. Rule
is made absolute in aforesaid terms with no order as to costs.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
