Seva Sahakari Society Through Its Chairman Dhanraj Datta Patil v. The State Of Maharashtra And Others

wp3610.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 3610 OF 2016 Seva Sahakari Society Betmogara .. PETITIONER

VERSUS

State of Maharashtra & others .. RESPONDENTS Mr. V.D. Salunke, advocate for petitioner.

Mr. S.B. Pulkundwar, AGP for the State.

===== CORAM : R.M. BORDE & Z.A. HAQ, JJ.

DATE : 9th DECEMBER, 2016.

PER COURT :

Petitioner is objecting to the decision taken by respondent directing transfer of 555 card holders who were attached to the shop of petitioner to some other fair price shop.

2.

It is contended by petitioner that decision has been recorded by respondent in contravention of the Government Resolution dated 20.01.1996. Affidavit-in-reply has been presented on behalf of respondents 2 to 4 wherein it has been stated that certain complaints from card holders are received by the authorities and, on consideration of those complaints, the impugned decision has been taken. Intervention application has been presented on behalf of card holders wherein it has been stated that majority of the card holders are not satisfied with the services rendered by petitioner.

wp3610.16.doc 3.

Without commenting upon the allegations made against the petitioner-shop holder, since the petition raises disputed questions of fact, we deem it appropriate not to deal with the factual disputes. In the circumstances, we keep the option to approach the District Supply Officer for redressal of grievance open for the petitioner. If petitioner approaches the District Supply Officer with appropriate representation, the concerned official may look into the grievance and take appropriate steps as permissible in law.

4.

In view of above, writ petition stands disposed of. 5.

Pending civil application, if any, does not survive and stands disposed of.

( Z. A. HAQ ) ( R. M. BORDE ) JUDGE JUDGE dyb