1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3418 OF 2009 Raghunath s/o Kishan Waghmare ... Petitioners. Versus The State of Maharashtra & Others. ... Respondents. -------- Shri. M.M. Nerlikar, Advocate for petitioners. Shri. V.D. Rakh, Assistant Government Pleader for respondent Nos.1 to 4. -------- CORAM: NARESH H PATIL & K.U. CHANDIWAL,JJ. DATE: 24th NOVEMBER 2009 PER COURT : 1) Heard. 2) In spite of an order dated 24-3-2008 passed by the Deputy Commissioner (Supply) in the matter of cancellation of licence of the fair price shop of the petitioner – Raghunath Kishan 2 Waghmare, the petitioner could not run his fair price shop as the officers concerned did not allow the petitioner to lift the quota. In other words, the officers concerned defied the orders passed by the higher authorities. The order passed by the higher authorities dealing with matter as quasi judicial authorities in-spite of reaching its finality, remained unexecuted and unimplemented. This case is such an example. We had directed by order dated 21st November 2009 that the Tahsildar Ahmedpur should remain present before this Court. Accordingly, the learned Assistant Government Pleader states that the Tahsildar is present who had taken charge of the post of the Tahsildar in the month of April 2009. We find that even after taking charge in the month of April 2009, nothing has been done by the Tahsildar for releasing the quota in favour of the petitioner. 3) The learned counsel for the petitioner submits that even the representations of the petitioner were refused by the Tahsildar, which 3 demonstrates the attitude of high handedness which is highly unreasonable in nature. 4) The learned Assistant Government Pleader Shri. Rakh has produced before us a copy of order passed by the Tahsildar Ahmedpur on 21-11-2009 wherein a decision has been taken now by the Tahsildar to release the food grains and kerosene quota to the petitioner from the month of December 2009. The learned AGP states that till this date the ration card holders were attached to other licenced fair price shop and therefore no difficulty was faced by the card holders in that regard. 5) The order passed by the Tahsildar dated 21-11-2009 is taken on record and marked as “X”. We direct the Divisional Commissioner, Aurangabad to call for explanation of the Tahsildar for dereliction of duties by issuing show cause notice within three weeks from today in view of Maharashtra Government Servants Regulation of 4 Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005. 5) The writ petition is disposed of. Authenticated copy be given to the Assistant Government Pleader. (K.U. CHANDIWAL, J.) (NARESH H PATIL, J.) rsl/ wp.3418.09