Balumama Mahila Bachat Gat Bachoti Tanda Bachoti Thr Its President Muktabai Santosh Chavan v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7030 OF 2021 Balumama Mahila Bachat Gat Through its President Muktabai Santosh Chavan .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Vaibhav B. Dhage, Advocate for the Petitioner. Mr. A. R. Kale, AGP for Respondent Nos. 1 to 4. CORAM : S. V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED : 28th JUNE, 2021.

PER COURT:- .

The petitioner impugns fresh paper proclamation inviting applications for grant of fair price shop.

2.

Mr. Dhage, learned counsel for the petitioner submits that initially in the year 2017 advertisement was issued inviting applications for running the fair price shop at Bachoti Tanda. The petitioner had given the application. The interviews were scheduled on 06.04.2021. Because of overcrowd on account of Covid-19, the interviews were cancelled. Without assigning any reasons and finalizing the earlier process, fresh advertisement is issued. The same is illegal. The

2 50-wp 7030-2021.odt respondents ought to have completed earlier process. No reasons are assigned for not completing earlier process and resorting to the new process. Again it would take more than 4-5 years for allotment of fair price shop, if the fresh process is undertaken. 3.

We have also heard the learned A.G.P. for respondents. 4.

The petitioner was not selected pursuant to the earlier process. The interviews were also not conducted. The petitioner did not get a vested right. Earlier advertisement was of the year 2017. After four years process was not completed and now fresh advertisement has been issued. The purpose of issuing advertisement is to encourage more competition and the selection of the best person to run fair price shop. It cannot be said that issuance of fresh proclamation is arbitrary. 5.

In the light of above, no case for interference is made out. Writ petition is disposed of. No costs.

6.

Naturally, after the applications are received, the authorities would conduct the process in accordance with law and within a reasonable time frame.

( M. G. SEWLIKAR ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.