Bombay High CourtWP/5415/2017dispossed offdismiss for default

The Gram Panchayat, Borgaon, Thr. Sarpanch v. The Honble Minister, Food Civil Suplies And Consumer Protection Deptt. Mumbai And Others

2017-08-18Hon'Ble Shri Justice S.C. Gupte4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5414/2017 Grampanchayat, Borgaon, through its Secretary, R/o Borgaon, Tah. Malegaon, Distt. Washim ..Vs..

The Hon'ble Minister, Food, Civil Supplies and Consumer Protection, Deptt. Mantralaya, Mumbai and others AND WRIT PETITION NO.5415/2017 The Grampanchayat, Borgaon, through its Sarpanch, R/o Borgaon, Tah. Malegaon, Distt. Washim and another ..Vs..

The Hon'ble Minister, Food, Civil Supplies and Consumer Protection, Deptt. Mantralaya, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Chande, Adv. for the petitioner. ..(in both petitions) Shri N.R. Patil, A.G.P. for respondent Nos.1 to 3. ..(in W.P. No.5414/2017) Shri N.R. Patil, A.G.P. for respondent Nos.1 to 4. ..(in W.P. No.5415/2017) Shri S.R. Katangale, Adv. for respondent No.4. ..(in W.P. No.5414/2017) Shri S.R. Katangale, Adv. for respondent No.6. ..(in W.P. No.5415/2017) CORAM : S.C. GUPTE, J.

DATE : 18.8.2017.

WRIT PETITION NO.5414/2017 Heard learned counsel for the parties and the learned A.G.P. for the State.

The subject matter of challenge in the present writ petition is a revisional order passed by the Hon'ble Minister of Food, Civil Supplies and Consumer Protection on 29th August, 2016. The revision before the Hon'ble Minister concerns the order passed by the District Supply Officer on 28th January, 2015 issuing licence of a fair

2 wp5414.17 price shop to the petitioner - Grampanchayat. That order was carried in appeal before the Deputy Commissioner (Supplies), Amravati Division, Amravati. The appeal challenging this order was filed by one Dnyanba Pundlik Landkar. By an order dated 11th January, 2016 this order of the District Supply Officer, Washim was set aside by the Deputy Commissioner (Supplies). By another order passed on the appeal of respondent No.4, who was also an applicant for fair price shop in the village, the Deputy Commissioner (Supplies) had earlier rejected the appeal and confirmed the order of the District Supply Officer on 28th January, 2015.

A perusal of both these orders passed by the Deputy Commissioner, one confirming the order of District Supply Officer and the other quashing the order, indicates that the Deputy Commissioner has not considered the merits of the matter, that is to say, who amongst the applicants, i.e. the petitioner - Grampanchayat, and respondent Nos.4 and 5, all of whom were applicants for the fair price shop, is competent for issue of a licence for fair price shop. On these facts, the Hon'ble Minister has set aside the orders and directed the Deputy Commissioner (Supplies), Amravati Division, Amravati to consider the matter afresh. Though the remand to the Deputy Commissioner indicates that the appeal of respondent No.

3 wp5414.17 appeal before the Deputy Commissioner. In the premises, whereas broadly the order of the Hon'ble Minister of remanding the appeal to the Deputy Commissioner needs to be confirmed, there is at the same time no case for sustaining his order setting aside the order of District Supply Officer, Washim dated 28th January, 2015. Accordingly, the writ petition is disposed of by maintaining the impugned order of 29th August, 2016 to the extent of the remand by cancellation of the order of Deputy Commissioner dated 19th May, 2015. The cancellation of the order of District Supply Officer, Washim, dated 28th January, 2015 is, however, set aside.

The Deputy Commissioner (Supplies), Amravati Division, Amravati may decide the appeal of respondent No.4 on merits.

All rights and contentions of the parties, including the contentions regarding the validity of the proclamation, are kept expressly open for the Deputy Commissioner to decide.

WRIT PETITION NO.5415/2017 Since the companion writ petition, namely, Writ Petition No.5414/2017, concerns the appeal of Dyanba Pundlik Landkar challenging the same order, i.e. order of District Supply Officer, Washim dated 5th January, 2015, the order of the Hon'ble Minister remanding the matter to the Deputy Commissioner (Supplies), Amravati Division, Amravati is sustained.

4 wp5414.17 The Deputy Commissioner shall decide even this appeal afresh in accordance with law.

Till these appeals are decided by the Deputy Commissioner (Supplies), the fair price shop, which is being run by the petitioner herein, namely, Grampanchayat Borgaon, is permitted to be run, though this arrangement shall be without prejudice to the rights of the parties and subject to the final outcome of the appeals. Writ petitions are disposed of in the above terms.

JUDGE Tambaskar.