Vishnu Vinayak Hood v. The State Of Maharashtra Its Secretary And Others

2024:BHC-AUG:995-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO. 705 OF 2024 VISHNU VINAYAK HOOD

VERSUS

THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS ....

Mr D. R. Kale, Advocate for Petitioner;

Mr P. K. Lakhotiya, A.G.P. for Respondent Nos.1 to 5 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 18th January, 2024 PER COURT:

1.

The Petitioner has disclosed that, he has already approached Respondent No.3/ Deputy Commissioner (Civil Supplies), Chhatrapati Sambhajinagar for the same cause, which is taken in this Petition. He also has approached before the Hon'ble Minister of Consumer Affairs, Mantralaya, Mumbai, for the same cause.

2.

After the hearing progressed in this matter, the learned A.G.P. pointed out that the cause taken up by the Petitioner in this Court is sub-judice before Respondent No.3/ Deputy

(2) Commissioner (Civil Supplies), Chhatrapati Sambhajinagar, as well as before the Hon'ble Minister.

3.

In view of the above circumstances, we are not inclined to entertain this Petition. However, the grievance of the Petitioner is that Respondent No.3/Deputy Commissioner (Civil Suppies) is not dealing with the pending Revision Petition dated 23/10/2023 filed under Clause 24 of the Maharashtra Scheduled Commodities (Regularization and Distribution) Order 1975, alongwith a Stay Application, and the said Authority is not even issuing notices for hearing on the Stay Application. Further grievance of the Petitioner is that, the proclamation dated 09/10/2023, which is not acted upon, may be acted upon hurriedly.

4.

In view of the above, this Writ Petition is disposed off, with the following directions :- (a) The Petitioner would tender written notes of submissions on the Stay Application before Respondent No.3, by 4.00 p.m. tomorrow, i.e on 19/01/2024. (b) Respondent No.3 would arrange for the hearing at 4.00 p.m. tomorrow, i.e. on 19/01/2024.

(3) (c) Since the Petitioner is the only aggrieved party and the Respondents are the Revenue Authorities, the Third Respondent / Deputy Commissioner (Civil Suppies) shall pass an order on the Stay Application, on or before 24/01/2024.

(d) Copy of the order shall be kept ready in order to be supplied to the Petitioner by following the regular procedure, as is applicable.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk