Vishaldip Mahila Bachat Gat. Thr. Chairman Avani V. Dedhia v. The State Of Maharashtra Thr. Secrtary For Food And Civil Supplies Department And ORS

29-WP-16382-2025.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16382 OF 2025 Vishaldip Mahila Bachat Gat Through Chairman Avani V Dedhia ..Petitioner

Versus

The State of Maharashtra Through Secretary For Food and Civil Supplies Department & Ors

...Respondents

Mr. Sharad S Suryavanshi, for the Petitioner. Mrs. S.D. Chipade, AGP, for the Respondents.

CORAM:

N. J. JAMADAR, J.

DATE :

15th DECEMBER 2025 ORAL ORDER:

1.

The challenge in this Petition is to an order passed by the Minister,, Food and Supply, whereby the Revision preferred by the Petitioner against an order dated 28th March 2025, rejecting the Application filed by the Petitioner, for grant of licence to run a fair price shop, came to be dismissed.

2.

The learned Counsel for the Petitioner submitted that, the ARUN RAMCHANDRA SANKPAL Petitioner has, in fact, complied with the terms and conditions of ARUN RAMCHANDRA SANKPAL Date: 2025.12.18 11:08:24 +0530 advertisement and, yet, the Controller of Rationing (R3) has declared the Applicant ineligible and rejected the Application. 1/2

29-WP-16382-2025.DOC 3.

The Respondent No.3 has enumerated the discrepancies in the Application submitted by the Petitioner under the caption "the Report of the Scrutiny Committee". It was inter alia noted that, the Petitioner has not placed on record the certificate of registration, the audit reports and other documents.

4.

The submission on behalf of the Petitioner that despite the Petitioner having submitted the documents, the Controller of Rationing, had declared the Petitioner ineligible, cannot be countenanced in exercise of the writ jurisdiction. If that was the case, the Petitioner should have approached the same authority. In exercise of writ jurisdiction what can be examined is the decision making process and not decision itself.

5.

Since the Controller of Rationing has directed that fresh advertisement be issued, no prejudice would be caused to the Petitioner, as the Petitioner can apply for the allotment of the licence to run fair price shops, after complying with the terms and conditions. 6.

Thus, the Petition stands dismissed.

[N. J. JAMADAR, J.] 2/2