Padmabai Raghunath Gonge v. The Minister For Food Civil Supply And Consumer Protection Department Mumbai And Others

5-WP-12-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 WRIT PETITION NO.12 OF 2018 Sow. Padmabai W/o Raghunath Gonge ... Petitioner.

Versus

The Minister For Food Civil Supply And Consumer Protection Department and others ... Respondents.

....

Mr. Ravindra V. Gore, Advocate for the Petitioner. Mr. S.K. Tambe, A.G.P. for Respondent Nos. 1 to 3. ....

CORAM :

V.L. ACHLIYA, J.

DATED : 9th APRIL, 2018 PER COURT:- 1.

Heard the learned counsel for the petitioner and learned A.G.P. for respondent nos. 1 to 3. Perused the order. 2.

On perusal of the order, it is reveals that the decision to allot the fair price shop to respondent no.4 was challenged by one Ms. Garud. The allotment of fair price shop in the name of respondent no.4 was upheld by the District Supply Officer. The order was confirmed in appeal by the Deputy Commissioner (Food and Supply). The revision preferred against those orders was rejected by the State Government. These orders were also

5-WP-12-2018 challenged before the Hon'ble High Court. The writ petition was dismissed. After the period of about four year of allotment of fair price shop to respondent No.4, the present petitioner had filed proceeding before the Deputy Commissioner (Supply) challenging the allotment of fair price shop to respondent no.4. The order of rejection of the appeal by Deputy Commissioner was challenged before the State Government, which also dismissed the revision petition. Being aggrieved, the petitioner has filed this petition.

3.

On due consideration of overall facts of case and orders passed, I am of the view that the petition file is devoid of merit. There is perversity in orders passed by the respondents so as to entertain the petition. No case is made out to invoke jurisdiction under Article 227 of the Constitution of India. The petition is dismissed.

( V.L. ACHLIYA ) JUDGE SPR