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Bombay High CourtWP/13863/2025disposed off

Maqbul Ismail Shaikh v. The State Of Maharashtra And Others

2025-11-21Hon'Ble Shri Justice Arun R. Pedneker2 pages

2025:BHC-AUG:32226

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 901 WRIT PETITION NO. 13863 OF 2025 Maqbul Ismail Shaikh

VERSUS

The State Of Maharashtra And Others ...

Advocate for the Petitioner : Mr. Ghatol Patil Shahaji B. AGP for Respondents-State: Mr. V. K. Kotecha Advocate for Respondent No.5 : Mr. Abhishek R. Avachat ...

CORAM : ARUN R. PEDNEKER, J.

Dated : November 21, 2025.

PER COURT :- 1.

Heard.

2.

The learned Counsel for the petitioner submits that the petitioner's Fair Price Shop Licence was cancelled by respondent No.3 - District Supply Officer. The petitioner thereafter preferred an appeal before respondent No.2 - the Deputy Commissioner (Supply). In the pending appeal, the petitioner applied for stay of the order passed by the District Supply Officer; however, the stay application came to be rejected. Aggrieved thereby, the petitioner filed a revision before the Hon'ble Minister. 3.

The learned Counsel submits that during the pendency of the revision, the Hon'ble Minister granted interim stay to the order of the District Supply Officer. However, by the final order, the Hon'ble Minister rejected the revision. The petitioner has now challenged the rejection of the revision in the pending appeal before the Deputy Commissioner (Supply). He further submits that while dismissing the revision, the Hon'ble Minister has directed cancellation of the petitioner's licence.

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901 WP 13863-2025 4.

Having considered the submissions, it appears that although the petitioner's appeal is pending, there is no stay operating against the order of cancellation. In view of the order passed by the Hon'ble Minister, and also considering that the Deputy Commissioner (Supply) has already rejected the petitioner's stay application, the order of the District Supply Officer remains in force.

5.

Considering these circumstances, the Deputy Commissioner (Supply) is directed to decide the pending appeal within six weeks. The appellant and respondent No.5 shall appear before the Deputy Commissioner (Supply) on 27/11/2025, so as to enable the authority to issue further dates in the matter.

6.

In view of the directions issued above, the petition stands disposed of. The complainant also undertakes to remain present before respondent No.2 on 27/11/2025.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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