1 wp10398 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10398 OF 2009 Dhanshri Mahila Bachat Gat, Kharsundi. ... ... Petitioner. Versus The District Supply Officer, Sangli & Ors. ... ... Respondents. Mr. G. M. Savagave for the Petitioner. Ms. S. S. Bhende, AGP for Respondent Nos.1 to 4. Mr. T. S. Ingale for Respondent No.5. CORAM : B. H. MARLAPALLE & A. A. SAYED, JJ. DATED : 24TH AUGUST, 2010 P. C.: Heard the learned Counsel appearing for the parties. 2. The District Supply Officer, Sangli by his proclamation dated 1st January, 2008 invited applications from the womens' organisations for allotment of Kerosene Distribution Shop and it includes the Village Kharsundi as well. The petitioner is one such women's organisation from the said village and in response to the proclamation had submitted its application. In all 8 applications from 2 wp10398 the said village were received. 3. On 27th January, 2008 the District Supply Officer submitted a report and thereafter granted the licence in favour of the petitioner on or about 5th August, 2008. This was challenged in Appeal No. 63 of 2008 and the same was allowed by the Deputy Commissioner (Supplies), Senior Division, Pune, by his judgment and order dated 23rd September, 2008. Aggrieved by the said order passed by the lower appellate authority, the petitioner filed a revision application before the State Government and the same came to be dismissed by the Minister of State, Food, Civil Supplies and Consumer Protection, Maharashtra State on 31st August, 2009. Hence, this petition challenging the order passed by the Deputy Commissioner and confirmed by the Minister. 4. A perusal of the order passed by the Deputy Commissioner indicates that in the over all assessment made at the time of scrutiny of the proposal received, the petitioner had scored 43 marks whereas respondent No.5 Matoshri Mahila Bachat Gat had scored 47 marks. In addition, out of the 6 members of the petitioner, 4 members were found to be not the residents of Village Kharsundi, Taluka Atpadi, Dist. Sangli. The lower appellate authority therefore referred to the 3 wp10398 Government Resolution dated 3rd November, 2007 and set aside the licence granted to the petitioner and it was directed to be granted to respondent No.5. In the revision filed by the petitioner, the State Government did not find any error in the reasoning set out by the Deputy Commissioner. It cannot be said that the view taken by the Deputy Commissioner was grossly erroneous so as to cause interference in this petition. Exhibit “G” to the petition does show that Dhanshri Mahila Bachat Gat i.e. the petitioner has got 43 marks and Maatoshri Mahila Bachat Gat scored 47 marks. So far as recommendation of the Village Panchayat is concerned, all the 8 applications were recommended by the Gram Panchayat. The view taken by the Deputy Commissioner and confirmed by the Government in the stated circumstances is a possible view and no interference is called for in the same. 5. The writ petition is rejected. Sd/- Sd/- (A. A. SAYED, J.) (B. H. MARLAPALLE, J.)