Saylu Ranba Ganthod Through Gpa Holder Ganesh Saybu Saylu Ganthod v. The State Of Maharashtra And Others

{1} wp11132.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11132 OF 2017 Saylu s/o Ranba Ganthod Petitioner

Versus

The State of Maharashtra & others Respondents Mr. U.B. Bilolikar, advocate for petitioner.

Mr. S.P. Sonpawale, A.G.P. for respondents.

CORAM : R.M.BORDE & SMT. VIBHA KANKANWADI, JJ.

DATE : 13th SEPTEMBER, 2017 PER COURT:

1.

Petitioner is objecting to the notification issued by respondents providing for additional fair price shop for the population of village Jarikot. According to petitioner, the population of the village is less than 4000 and as such, in view of policy declared by the State in the year 2000, additional shop is not permissible.

2.

Petitioner is a licensee authorised to sell essential commodities in the village. If the villagers are provided with additional facility, it need not be objected nor such objection need be considered by this Court in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India. Even otherwise, in view of provisions of National Food Security Act, 2013, it is the responsibility of the State Government to ensure

{2} wp11132.17.odt availability of food for the population residing in the rural area. According to us, in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India, no interference is called for in the instant petition. Writ petition is devoid of merit hence stands rejected.

SMT. VIBHA KANKANWADI R.M.BORDE JUDGE JUDGE dyb