Yogesh Narhari Hanpude And ANR v. The State Of Maharashtra Thr. Gp And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2079 OF 2024 Yogesh Narhari Hanpude & Anr.

....Petitioners V/S The State of Maharashtra & Ors.

....Respondents _________ Mr. Vaibhav V. Ugle for the Petitioners.

Ms. Pooja Joshi-Deshpande, AGP for Respondent Nos.1 to 4/State.

Mr. Rushikesh Kale for Respondent No.5.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 17 MARCH 2025.

P.C.:

1.

The Petition challenges order dated 19 October 2023 passed by the Hon'ble Minister, Food Civil Supplies and Consumer Protection by which the Hon'ble Minister, while partly allowing the Appeal has set aside the order dated 20 September 2022 passed by the Deputy Commissioner (Supplies) and has upheld the order dated 11 January 2022 passed by the District Supply Officer.

2.

This Court is not inclined to entertain the present Petition at the instance of the two Petitioners, who themselves are not ration-card holders. Since Petitioners are not entitled to receive supply of ration, it becomes highly doubtful as to whether they katkam Page No.

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k 2/2 8 wp 2079.24 as.doc can maintain the present Petition seeking revocation of license issued in the name of Respondent No.5.

3.

At the same time, the Hon'ble Minister has observed in paragraph 6 of the order that it was necessary to inspect all the records of Respondent No.5 within a period of three months by the District Supply Officer, Solapur and to record statements of 10% card-holders and to make house visits for the purpose of verifying that there is any misappropriation of food-grains. However though observations to this effect are made in paragraph 6 of the order of the Hon'ble Minister, there is no specific direction in the operative portion of the order for conduct of such enquiry. Therefore, even if the order dated 19 October 2023 is upheld, the District Supply Officer will have to conduct the enquiry as envisaged in paragraph 6 of the Hon'ble Minister. 4.

The Petition is accordingly disposed of. However it is directed that the District Supply Officer shall conduct enquiry as directed by the Hon'ble Minister in paragraph 6 of his order dated 19 October 2023 within a period of three months. (SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date:

2025.03.19 14:19:35 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

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