Narayan Babaji Aawdan And ORS v. Yashodha Mahila Bachat Gaat, Gudewadi And ORS

912-wp-5830-2024.doc Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5830 OF 2024 NIKITA KAILAS DARADE Narayan Babaji Aawdan and Ors.

... Petitioner V/s.

Yashodha Mahila Bachat Gaat Gudewadi and Ors.

... Respondents NIKITA KAILAS DARADE Date: 2024.04.30 14:34:55 +0530 Mr. Chetan G. Patil a/w Mr. Mandar G. Bagkar, for the Petitioner.

Mrs. D. S. Deshmukh, AGP for the State, Respondent Nos. 2 to 4.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 30, 2024 P.C.:

1.

Respondent No. 3 by order dated 1st June 2023, cancelled allotment of fair price shop in favour of respondent No.1 by recording categorical finding that somebody else than allottee running fair price shop. However respondent No.2 by impugned order, without giving opportunity of hearing to the petitioner at whose instance the action for cancellation of fair price shop was initiated, has set aside the order recording a finding that the objections raised against respondent No.1 are minor in nature. Prima facie, the finding of fact recorded by Respondent No.3 that somebody else than respondent No.1 was running fair price shop is not set aside by respondent No.2.

912-wp-5830-2024.doc 2.

Hence, issue notice to respondent No.1, returnable on 15th July 2024.

3.

Until further orders, there shall be ad-interim relief in terms of prayer clauses (b) and (c).

(AMIT BORKAR, J.)