(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 693 OF 2011 M/s. R.G. Lohar Raver, Through its Partner, Bhagwandas Ramlal Lohar, Age : 62 years, Occupation : Business, R/o. Gandhi Chowk, Raver, Taluka : Raver, District : Jalgaon. .. Petitioner. versus 1. The State of Maharashtra, Through its Principal Secretary, Food, Civil Supplies and Consumer Protection Department, Mantralaya, Mumbai. 2. The District Supply Officer, Jalgaon, Taluka & District : Jalgaon. 3. The Hon'ble Minister, Food, Civil Supplies and Consumer Protection Department, Mantralaya, Mumbai. .. Respondents. ....................... (2) Mr. R.N. Dhorde, Advocate, holding for Mr. V.R. Dhorde, Advocate, for the petitioner. Mrs. V.A. Shinde, Assistant Government Pleader, for respondent nos.1 to 3. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 15TH FEBRUARY 2011 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties. 2. Mr. R.N. Dhorde, learned Counsel appearing for the petitioner, states that tanker found involved in alleged malpractice did not belong to petitioner and was sold to one Shri Sunil Bade. He further states that because of involvement of that tanker, as an interim measure, kerosene quota to the establishment of the petitioner has been discontinued and that discontinuation cannot be without affording petitioner necessary opportunity. In the alternative and without prejudice to this contentions, he points out that by that order dated 4-1-2011, while taking interim measures, petitioner was informed that some inquiry is in progress. The petitioner was not given any (3) opportunity of hearing in that inquiry and on 14-1-2011, the kerosene license as retailer itself has been cancelled permanently. He, therefore, states that this action is also in breach of principles of natural justice. 3. Mrs. V.A. Shinde, learned Assistant Government Pleader appearing for the respondents, has invited attention to reply affidavit and to other documents on record to show that prima facie the said tanker was not sold and was under petitioner's ownership. 4. I do not find it necessary to go into that controversy as the question needs to be looked into by the competent authority after giving opportunity of hearing to the petitioner. 5. On 4-1-2011, suspension of quota was ordered as interim measure. The communication expressly mentions that the inquiry is pending. Therefore, if interim measure was to be converted into final punishment, opportunity of hearing to the petitioner was essential. It is apparent that the petitioner has not been heard after 4-1-2011 at all. I, therefore, find that the order dated 14-1-2011 is unsustainable. 6. Mr. Dhorde, learned Counsel, has contended that the (4) order dated 4-1-2011 is also violative of principles of natural justice, inasmuch as, kerosene supply is suspended without giving an opportunity. 7. However, order dated 4-1-2011 is an interim measure and at this stage, I am not inclined to examine said contention qua that order. The contention is left open for appropriate evaluation at appropriate juncture. 8. In the result, the petition is partly allowed. (i) The impugned order dated 14-1-2011 passed by the District Supply Officer, Jalgaon, thereby canceling wholesale kerosene license of the petitioner, is quashed and set aside. The respondents are directed to provide material, if any collected by them, as a result of inquiry as per communication dated 4-1-2011 to the petitioner and to extend him an opportunity of hearing. Further orders in relation to his authorization / license shall be passed as early as possible and in any case, within a period of two weeks from today. (ii) The petitioner shall appear before District Supply Officer, Jalgaon, on 18th February 2011. On that day, District Supply Officer shall provide to him, necessary material collected in (5) inquiry and after giving him an opportunity of hearing on some suitable date, shall pass final orders as early as possible and in any case, by 1st March 2011. 9. Rule is made absolute accordingly. No costs. 10. Authenticated copy, duly signed by Court Shirastedar, be supplied to the Counsel for the petitioner, at his request. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/693wp