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Bombay High CourtCP/506/2022disposed off

Shivkrupa Shetkari Gat Through Its Proprietor Eknath Tukaram Kute v. Sachin Khade Tahsildar And Others

2022-08-18Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Arun R. Pedneker3 pages

1 wp 8155.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 60 WRIT PETITION NO.8155 OF 2022 WITH CONTEMPT PETITION NO.506 OF 2022 SHIVKRUPA SHETKARI GAT THROUGH ITS CHAIRMAN EKNATH TUKARAM KUTE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioner: Mr. Sayyed Tauseef Yaseen AGP for Respondent/State: Mr. S. K. Tambe ...

CORAM:RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE: 18th AUGUST, 2022 PER COURT:

1.

The Petitioner has put-forth prayer clause 'B', as under:- "B.

By issuing writ of Mandamus and or any other appropriate writ, order and/ or direction in the like manner, Respondents be directed to conclude the fresh process of allotment of fair price shop which was initiated by publication of a proclamation dated 1 st of July 2020 in village Marphala within two weeks."

2 wp 8155.2022 2.

Our attention is drawn to the order dated 13.01.2020, passed by the learned Single Judge in Writ Petition No.14197 of 2018, filed by Seva Sahakari Society Marphala. This Court had ordered that a fresh tender should be issued with reference to the Fair Price Shop. By publishing a proclamation, it was ordered that the process of fresh allotment of the Fair Price Shop in Village - Marphala, Taluka - Georai, District - Beed should be expeditiously concluded and in any case within three (03) months. The Petitioner submits that a fresh proclamation was published on 01.07.2020 and the Petitioner is enlisted at Serial No.4 in the recommended list dated 11.08.2020. Yet, the process of allotment of the Fair Price Shop has not been concluded till today. A Contempt Petition bearing No.506 of 2022 has been registered in this Court, today.

3.

The learned AGP Mr. Tambe, has promptly collected instructions from the District Supply Officer, Beed in writing. He has been conveyed vide the said communication dated 18.08.2022, that

3 wp 8155.2022 the procedure for allotment of a new Fair Price Shop in the light of the order of this Court dated 13.01.2022, would be completed within two

(02) months. The learned AGP also conveys the apology tendered by the District Supply Officer, Beed.

4.

The learned Advocate for the Petitioner is satisfied. He, therefore, submits that this Petition as well as the Contempt Petition, can be disposed off.

5.

In view of the above statement made by the District Supply Officer, Beed in the light of the communication dated 18.08.2022, which is taken on record and marked as "X" for identification, this Petition, as well as the Contempt Petition stand disposed off.

[ARUN R. PEDNEKER, J.] [RAVINDRA V. GHUGE, J.] marathe