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Bombay High CourtWP/318/2018dismissedrule discharged

Sau. Kalpana W/O Kishor More v. State Of Maha. Thr. Secretary, Food And Civil Supply Department, Mumbai And Others

2019-09-18Hon'Ble Shri Justice Rohit Baban Deo1 pages

5wp318.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION 318 OF 2018 Sau. Kalpana w/o Kishor More Vs.

The State of Maharashtra, through its Secretary, Food and Civil Supply Department, Mantralaya, Mumbai and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri V.B. Gawali, counsel for the petitioner. Shri P.S. Tembhare, AGP for respondents 1 to 4. Shri P.S. Patil, counsel for respondent 5.

CORAM: ROHIT B. DEO, J.

DATE: 18.09.2019.

This petition is by an individual, who claims to be an office bearer of Self Help Group.

2.

The petitioner is assailing the renewal of Fair Price Shop Licence in favour of the respondent 5.

3.

The submission is that as legal heir the respondent 5 has no preferential claim to the renewal of the licence and that the licence ought to have been granted in terms of the Government Resolution dated 03.11.2007.

4.

The petitioner as an individual has no locus to challenge the renewal of the licence. The Self Help Group is a distinct legal entity and whether the petitioner is an office bearer thereof or not the fact of the matter is that the Self Help Group which alone could have had the locus to make an grievance, if at all, is not before this Court. The petition is dismissed.

JUDGE RKN