Vithal Bhujangrao Pallewad v. The State Of Maharashtra And Others

904 wp 7582.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7582 OF 2016 Vithal Bhujangrao Pallewad ...

Petitioner Vs.

The State of Maharashtra & Ors.

...

Respondents ---- Mr. R.S. Dighe, Advocate for the petitioner.

Mr. A.P. Basarkar, AGP for the respondent-state. ---- CORAM : SUNIL P. DESHMUKH, J.

DATE : 19-07-2016.

Per Court :

1.

Heard learned counsel for the petitioner. The petition has been moved in anxiety that since the revisional authority, before which the order passed by the Deputy Commissioner on 0807-2016 is challenged was not available. Learned counsel submits that since there is a grave apprehension about the order passed by the District Supply Officer, Nanded on 26-05-2016, would be implemented, the petition has been moved seeking an interim relief, protecting petitioner's interest.

2.

It is submitted that earlier on, the District Supply Officer, Nanded had renewed the licence of the petitioner, however, all of a sudden, under the order referred above dated 26-05-2016 the same came to be withdrawn with further directions to issue

904 wp 7582.16.odt licence substituting petitioner's. Against said order of District Supply Officer appellate proceedings before the Deputy Commissioner (Supply) were preferred, however, the appeal has been dismissed under order dated 08-07-2016. And, as such, revisional proceedings before Hon'ble Minister have been filed. 3.

Learned Assistant Government Pleader upon instructions states that revisional authority Hon'ble Minister is now available to take up the proceedings. In view of the same, I am not inclined, to consider the writ petition on merits and leave it open to the petitioner to immediately approach the Hon'ble Minister seeking relief including interim relief as has been prayed for in the writ petition. It is expected that revisional authority would take the proceedings in right earnest and decide the interim relief application of the petitioner without letting deterioration in the situation as obtaining today, in the meanwhile. (SUNIL P. DESHMUKH) JUDGE mub