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Bombay High CourtWP/2022/2018disposed offdismissed for default

Gangali Mata Mahila Bachat Gat Trhough Its President Usha Angad Rathod v. The State Of Maharashtra And Others

2019-02-14Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 WRIT PETITION NO.2022 OF 2018 GANGALI MATA MAHILA BACHAT GAT TRHOUGH ITS PRESIDENT USHA ANGAD RATHOD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Choudhari Sushant B AGP for Respondents State: Mr. S.M. Ganachari Advocate for Respondent No.5 : Mr. V. B. Ganachari

CORAM

: S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 14th February, 2019 PER COURT :

1.

The petitioner is challenging allotment of fair price shop to respondent no.5 on the ground that as per G.R. dated 6th July, 2017 the petitioner is at Serial No.2 in the preference list, whereas respondent No.5 is at Serial No.3. However, the petitioner is shown at Serial No.5 of the preference list. The same is illegal. The petitioner is a registered Mahila Bachat Gat and is registered in the year 2015. The said fact was also mentioned in the application filed by the petitioner pursuant to the advertisement.

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2.

We have also heard the learned A.G.P.

3.

It appears from the application filed by the petitioner that the petitioner has not mentioned the Registration No. nor has annexed the registration certificate of the Bachat Gat.

4.

In the absence of Registration Certificate of the Bachat Gat or Registration Number, the authorities could not have placed the petitioner at Serial No.2. It is submitted that the respondent No.5 has commenced the fair price shop as per the allotment order issued by the authority.

5.

In the light of above, the writ petition is dismissed. No costs.

(A. M.DHAVALE,J.) (S.V.GANGAPURWALA, J.) JPC 2/2