Nasim Banu Akbar Khan v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6410 OF 2014 Nasim Banu w/o Akbar Khan & another Petitioners

Versus

The State of Maharashtra & others Respondents Mr. R.R. Sancheti, advocate for petitioners.

Mr. S.Y. Mahajan, A.G.P. for respondents 1 and 2. Mr. M.M. Bhokarikar, advocate for respondent no. 5. WITH WRIT PETITION NO. 7037 OF 2014 Govind Chango Wani Petitioner

Versus

The State of Maharashtra & others Respondents Mr. R.R. Sancheti, advocate for petitioners.

Mr. S.Y. Mahajan, A.G.P. for respondents 1 and 2. Mr. M.M. Bhokarikar, advocate for respondent no. 5. CORAM : R.M.BORDE, J.

DATE : 26th MARCH, 2018 PER COURT:

1.

It is informed that in pursuance of the order of remand passed by the appellate authority, the entitlement of parties to operate a fair price shop is required to be determined by the District Supply Officer. In both the petitions, challenge is raised to the order passed by the Minister refusing to interfere in the order

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2.

I am of the opinion that for determination of controversy involved in the petitions, appropriate enquiry by the District Supply Officer is warranted. The District Supply Officer, shall, after conducting necessary enquiry and after extending due opportunity to the parties concerned to put their contentions before the District Supply Officer, take appropriate decision in observance of the policy governing allotment of fair price shops. The District Supply Officer shall take appropriate decision in the matter, as expeditiously as possible, preferably within a period of four months from today and, it is accordingly directed. Both the petitions stand disposed of.

3.

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

R.M.BORDE JUDGE dyb