1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5362/2009. ( Laxman Bhaurao Burrewar -: versus :- State of Maharashtra and others ) WRIT PETITION No. 5381/2009. ( Vasant G. Radewar -: versus :- State of Maharashtra and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 15, 2010. Heard finally by consent of Shri A.V. Gawande, learned counsel for petitioners, learned A.G.P. for respondent nos. 1 to 3 and Shri N.S. Khandewale, learned Counsel for respondent no.4. It is apparent that, the present petitioner who had opposed restoration of kerosene licence /authorization of fair price shop of respondent, and was party before the Deputy Commissioner [Supplies] Amravati, was not joined as party respondent before the Minister. Though all the authorities have found lapses serious enough, to cancel authorization / licence of respondent no.4, respondent no.1 through its Hon'ble Minister has restored the authorization in favour of respondent no.4, and has directed enquiry into quantity of kerosene misappropriated by the respondent no.4 with recovery @ Rs. 38 per litre for quantum mis- appropriated and in relation to fair price shop, enquiry into 2 the food grains mis appropriated and recovery thereof has been ordered for the quantum so misappropriated. Penalty of Rs. 10,000/- was imposed upon respondent no.4. Shri Gawande, learned counsel contends that thus misplaced sympathy has been shown and fresh material produced on record by respondent no.4 has been looked into. Shri Khandewale, learned counsel states that respondent no.4 is 100% disabled and his entire livelihood is dependent on the business being carried. He further states that the affidavits as and when given by the villagers were produced before the respective authorities by respondent no.4. Learned AGP states that the Hon'ble Minister exercised discretion for valid reasons and it cannot be interfered here. The charges found established by the Authorities concurrently against respondent no.4 show that kerosene and food grains were lifted for card holders, though those card holders were not residing in the village. 15 card holders could not remain present and could not be produced though sale of kerosene and food grains is shown to them. Sales register was not having signatures of card holders and details thereof were not entered in it. Seven lapses found proved about working of fair price shop are equally serious. In the circumstances, without holding that these findings are in any way perverse, the respondent no.1 has set aside the same indirectly and restored the authorization. The said exercise cannot be maintained. With the result, the order dated 31.08.2009 is partly quashed and set aside. The orders in so far as the restore authorization of kerosene retain shop and licence of fair price shop are quashed and set 3 aside. Considering the fact that the respondent no.4 is physically challenged, enquiry as ordered by the Hon'ble Minister to be completed as early as possible and in any case by 31.03.2010. If the respondent no.4 is absolved in the enquiry, it is apparent that his kerosene licence/and authorization to run fair price shop will be required to be restored and shall be accordingly granted by respondent no.3. Writ Petitions are thus partly allowed, with no order as to costs. JUDGE Rgd.