Gram Panchayat Sagra, Thr. Its Upsarpanch v. State Of Maha., Thr. Ministry Of Food, Civil Supplies And Consumer Protection, Mumbai And ORS.

1 26-WP-1029-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1029 OF 2025 GRAM PANCHAYAT SAGRA Vrs.

STATE OF MAHARASHTRA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Dr. Renuka Sirpurkar, Advocate for petitioner. Shri H. R. Dhumale, AGP for respondent Nos.1 to.3. CORAM: ANIL L. PANSARE, J.

DATE : 25/02/2025.

1.

The petition arises out of the licence to run Fair Price Shop at Village Sagra, Tah. Bhadravati, Dist. Chandrapur. The respondent No.4 was holding the said licence. The villagers had lodged complaint with respondent No.3 - District Supply Officer, Chandrapur as regards the irregularities committed by respondent No.4, which includes withholding the fair price essential commodities, discrepancies in weight while distributing the commodities, do not issue receipts, shop not opening regularly and so on.

2.

The respondent No.3 after having conducted enquiry and granting hearing to the respondent No.4 found substance in the complaint and thus, cancelled the licence permanently. The said order was assailed by the respondent No.4 before the respondent No.2, but of no avail. The matter was then carried before the respondent No.1, Reviewing Authority under Clause 24(2) of the Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975. The respondent No.1 allowed the review, not on the grounds

2 26-WP-1029-2025.odt mentioned in Sub-clause (2) of the Clause 24, but on the ground that respondent No.4 will have no source of income. Accordingly, the respondent No.1 has imposed penalty of Rs.5,000/- and thereby, in a way has certified the findings rendered by the respondent Nos.2 and 3, but permitted respondent No.4 to operate the Fair Price Shop. 3.

Issue notice for final disposal at admission stage to the respondents, returnable after four weeks. 4.

Shri H. R. Dhumale, learned AGP waives service of notice for respondent Nos.1 to 3.

[ANIL L. PANSARE, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 25/02/2025 20:02:20