Dattatray Bhagwan Shinde v. The State Of Maharashtra Throu. Honble Minister Food And Civic Supply Dept And ORS

916-WP-9901-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9901 OF 2024 Dattatray Bhagwan Shinde

...Petitioner

Versus

The State of Maharashtra Through Hon'ble Minister Food And Civic Supply Dept And Ors.

...Respondents

....

Mr. Amit Sale, for the Petitioner.

Ms. V.R. RajeA.G.P. for the Respondent - State. Mr. Rushikesh Kale for Respondent No.4.

....

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

18th JULY, 2024 P.C.

:

1.

It is not in dispute, that the order dated 11.04.2023 (Page-18), by which the publication issued for tendering the Fair Price Shop License for Grampanchayat Pimpalner was cancelled and it was directed that in the subsequent publication for inviting tenders/offers for Fair Price Shop at Pimpalner also be included. Since this order has not been challenged by anyone that has attained finality. It is however contended that by an order dated 22.09.2023 the District Supply Officer (DSO) has allotted the license to the respondent No.4, who had applied in the original Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.07.18 19:43:37 +0530 SAJAKALI LIYAKAT JAMADAR tender process, which had been set aside by the order dated Sajakali Jamadar

916-WP-9901-2024.doc 11.04.2023. The order dated 22.09.2023 by which the DSO has granted the license to respondent No.4 (Page-30) in a challenge before the Deputy Commissioner of Supply has been set aside by the order dated 11.12.2023 (Page-51), which in turn has been set aside by the respondent No.1 by his order dated 28.06.2024 (Page- 60). It is contended that once the entire tender process was cancelled by the order dated 11.04.2023 it was not permissible for the respondent No.3 to have allotted the license to the respondent No.4 or for the respondent No.1 to uphold the same.

2.

Mr. Rushikesh Kale, learned counsel for the respondent No.4 supports the impugned order and contends that inspite of the order dated 11.04.2023, it was open for the respondent No.3, to have allotted the license to the respondent No.4. A dispute has arisen, as to whether the actual supply has been commenced by respondent No.4, learned A.G.P. to take instructions and make a statement in that regard on Monday i.e. on 22nd July 2024. 3.

List the matter on 22nd July 2024.

(AVINASH G. GHAROTE, J.) Sajakali Jamadar