Mr. Umashankar Faguram Gupta v. State Government Of Maharashtra And ANR.

30 wp7278-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7278 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Vaibhav Sugdhare i/b Mr.Ashok Kumar Mishra for the Petitioner Ms.Apurva Vatkar, A.G.P. for the respondent nos.1 and 2 CORAM : K. K. TATED, J.

DATE : JUNE 21, 2017 P.C.:

Heard the learned counsel for the parties.

By this petition under Article 227 of the Constitution of India the Petitioner challenges the order dated 3.8.2015 and 4.3.2015 passed by respondent no.1 in Review Application No.128. In the present proceedings, the learned A.G.P. filed Affidavit-in-Reply dated 30.1.2017 duly affirmed by Prakash Sitaram Pardeshi, Assistant Controller of Rationing 'F' Region, Thane stating that impugned order passed by Hon.Minister be set aside and matter be remanded for fresh hearing. Relevant portion of the said Affidavit-in-Reply on page 66 reads thus:.

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30 wp7278-16 "In view of the above, I pray that this Hon'ble Court may please direct to set aside the order passed by Hon'ble Minister for remanding back the matter for review."

In view of Affidavit-in-Reply dated 30.1.2017 filed by respondent, by consent, following order is passed:

a) Order dated 4.3.2015 and 3.8.2015 passed by respondent no.1 in respect of Ration shop No.36-F-141 in the name of Umashankar Faguram Gupta is set aside.

b) Matter is remanded to respondent no.1 for fresh hearing.

c) Matter to be decided within 8 weeks from receipt of copy of this order.

d) Writ Petition stands disposed of accordingly. (K.K.TATED, J.) Mohite 2/2