Mangesh Vishnu Darekar v. Minister For Food, Civil Supplies And Customer Protection Dept. And ORS

2025:BHC-AS:54742

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13804 OF 2025 Mangesh Vishnu Darekar ...

Petitioner versus Minister for Food, Civil Supplies and Customer Protection Dept. and Ors.

...

Respondents Mr. Sudhir Hardikar, for Petitioner.

Mrs. Sulbha Chipade, AGP for State.

Mr. Tushar Sonawane with Mr. Piyush Toshnival i/by Mr. Ashish Pawar, for Respondent No.4.

Mr. Vilas T. Raut, Respondent No.4 present in court. CORAM: N.J.JAMADAR, J.

DATE :

11 DECEMBER 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 15 September 2025 passed by the Minister, Food and Civil Supplies, whereby the Minister has set aside the order dated 12 September 2024 passed by the District Supply Officer thereby cancelling the licence granted in favour of the Petitioner to operate a fair price shop, and the order dated 17 June 2025, whereby the appeal preferred by the Petitioner thereagainst came to be dismissed. 3.

When the Petition was listed before the court on 10 June 2025, this Court was persuaded to issue notice as an arguable question as to whether, in exercise of revisional jurisdiction, the Minister (R1) could have interfered with the orders impugned before him, on the basis of the assurance given by SSP 1/3

the Petitioner, arose for consideration.

4.

Learned Counsel for the Respondent No.4, on instructions, submits that the revision application may be remanded to the Minister for afresh decision on merits.

5.

Learned Counsel for the Petitioner submits that he is not averse to the aforesaid proposition.

6.

Since the Minister has interfered with the orders passed by the authorities below, on the basis of the assurance given by the Respondent No.4, the court considers it expedient in the interest of justice to quash and set aside the impugned order and remit the revision application back to the Minister for afresh decision in accordance with law and on merits. 7.

Hence, the following order :

ORDER

(i) The impugned order stands quashed and set aside. (ii) Revision Application stands restored to the file of the State Government for a decision afresh, on merits and in accordance with law, after providing an effective opportunity of hearing to the parties. (iii) In the event, the State Government passes an order which is adverse to the interest of the Petitioner, the same may not be given effect to, for a period of two weeks.

(iv) The State Government is requested to decide the revision SSP 2/3

application as expeditiously as possible, and, preferably within a period of three months from 23 December 2025, on which date the parties shall appear before the State Government.

(v) Writ Petition stands disposed.

( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 12/12/2025 18:40:47