1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6447 OF 2009 Laxman Bhagoji Kondewad, Age 32 yrs., Occu. Agril., R/o. Wanjarwadi, Tq. Naigaon, Dist. Nanded. ....Petitioner. Versus 1. The State of Maharashtra through its Secretary Food and Civil Supply Minister, Mantralaya, Mumbai. 2. The Deputy Commissioner, Aurangabad. 3. The District Supply Officer, Nanded. 4. The Tahasildar, Naigaon. 5. Ramrao Shamrao Kadam, Age 60 yrs., Occu. Agril., R/o. Wanjarwadi, Tq. Naigaon, Dist. Nanded. ....Respondents. Shri. Y.B. Unhale h/f. Shri. K.M. Nagarkar, Advocate for petitioner. Shri. K.M. Suryawanshi, A.G.P. for respondent Nos. 1 to 4. Shri. A.N. Nagargoje, Advocate for respondent No. 5. CORAM : R.K. DESHPANDE, J. DATE : 3rd August, 2010. ORAL JUDGMENT : 1. This writ petition challenges the order dated 29th of August 2009 passed by the Minister of Food, Civil Supplies and Consumer Protection 2 Department, allowing the review application filed by the respondent No. 5. 2. Shri. K.M. Suryawanshi, the learned A.G.P. appears for respondent Nos. 1 to 4 and Shri. A.N. Nagargoje, the learned counsel appears for respondent No. 5. The affidavit has been filed for and on behalf of the respondent Nos. 1 to 4. The learned counsel for the parties agree that the matter can be finally disposed of at the stage of admission itself. Hence, Rule, made returnable forthwith. Heard by consent of parties. 3. Shri. Nagargoje, the learned counsel appearing for respondent No. 5 has pointed out that by an order dated 4th July 2007 power of review has been conferred upon the Government by introducing sub-clauses (1), (2) and (3) under Clause 24 of the Maharashtra Scheduled Commodities (Regulation Of Distribution) Order, 1975. The said clauses are reproduce below :- "2. In the Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975, clause 24, be renumbered as clause (24 (1) and therefore the following clauses shall be inserted, namely :- "24(2) Government may on an application made or suo-motu at any time before the expiry of one years from the date of any order passed by it in revision under this clause may review such order if it is satisfied about the reasons to do so on any of the following grounds namely :- (1) Discovery of new and important matter of evidence which after the exercise of due diligence, was not within the knowledge of the applicant or 3 could not be produced by him at the time when the order was passed or order was made; Or (2) some mistake or error apparent on the face of the record; Or (3) for any other sufficient reason And upon such review if it shall appear to the State Government that such order should be modified, annulled, confirmed, it may pass such order it deem fit. (24) (3) Order passed in review shall on no account re-reviewed." Perusal of the clause clearly shows that the power of review can be exercised only on the ground specified in sub-clause (1), (2) and (3). With the assistance of the learned counsel for the parties, I have gone through the order dated 29th of August 2009 impugned in this petition. However, none of the reasons, as are mentioned in sub-clauses (1), (2) and (3) of Clause 24, are recorded before passing the review order. It seems from the reading of the order that the sympathetic view has been taken and on that basis, the order has been passed. The order impugned, therefore, cannot be sustained in the absence of specific finding about substance of grounds mentioned in the sub-clause (1), (2) and (3) of Clause 24, reproduced above. 4. In the result, the instant writ petition is allowed. The order dated 29th of August 2009 passed by the Minister of Food, Civil Supplies and Consumer Protection Department is hereby quashed and set aside. The 4 matter is remitted back to the concerned Minister for decision afresh, after giving the parties an opportunities of being heard in the matter. The concerned Minister to decide the review application as far as possible within a period of six months. Rule is made absolute in the aforesaid terms. No order as to costs. [ R.K. DESHPANDE, J. ] ssc/wp6447.09