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Bombay High CourtWP/3567/2015disposed offdismissed for default

Ganesh Saminder Gavate v. Honble Minister, Food, Mumbai And Others

2015-07-22Hon'Ble Shri Justice Sunil P. Deshmukh3 pages

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3567 OF 2015 Ganesh Saminder Gavate PETITIONER

VERSUS

Hon'ble Minister, Food Civil Supplies and Consumer Protection M.S. & Others RESPONDENTS .......

Mr. Pradeep V. Ambad, Advocate for the petitioner Mr. S. P. Daund, AGP for respondent State Ms. M. G. Kasturkar h/f Mr. A. M. Kulkarni, Advocate for R-5 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 22 nd JULY, 2015 ORDER :

1.

This is a petition at the behest of complainant questioning legality of orders dated 10th February, 2015 passed by respondent No.1 and dated 17th November, 2014 passed by respondent No.2.

2.

Upon a complaint of the petitioner about certain irregularities / breaches being committed by respondent No.5, it appears that after visiting the fair price shop, licence of respondent No.5, after following certain process, had been suspended under order dated 12th August, 2013. Respondent

{2} No.5, against said order, had been before respondent No.2. The appellate authority, on 17th November, 2014 set aside the order suspending licence of respondent No.5, further directing resumption of allotment of quota to respondent No.5 and also directing an inquiry pursuant to Government Resolution dated 12th November, 1991 and to take decision on the basis of said inquiry.

3.

It appears that the petitioner - complainant had been before the State in a revision. The Hon'ble Minister, however, rejected the revision filed by the petitioner under order dated 10th February, 2015 and confirmed the order dated 17th November, 2014 passed by the Deputy Commissioner (Supply) Aurangabad.

4.

During pendency of the revision there was no interim relief nor the parties present before the court are in a position to inform about stage of the inquiry pursuant to the directions of the Deputy Commissioner.

5.

Having regard to this situation, I deem it appropriate that the inquiry, as directed by Deputy Commissioner (Supply) Aurangabad under order dated 17th November, 2014 be conducted and completed as expeditiously as possible pursuant

{3} to the stipulations under the Government Resolution, preferably within a period of six months from the date of receipt of writ of this order.

6.

With aforesaid observations, the writ petition stands disposed of.

[SUNIL P. DESHMUKH, J.] drp/wp3567-15