1 wp 1807-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1807 OF 2011 Vishwas Namdeo Mali ...Petitioner vs. The State of Maharashtra & Ors. ...Respondents Mr.Surel S.Shah for the Petitioner. Mr.S.R. Page for Respondent Nos.2 and 3. CORAM : D.B. BHOSALE AND U.D. SALVI, JJ. MAY 5, 2011 P.C :- 1 Heard the learned Counsel for the parties. 2 In this writ petition, the petitioner has made the following prayer :- B} That this Hon ble court may by issuing appropriate writ or order or direction be pleased to call for the record and proceeding of allotment of wholesale retail outlet dealership for the location at Mangalwedh, Dist.Solapur and after 2 wp 1807-2011 going through it, may pleased to direct the respondent no2. and 3 to issue fresh Advertisement for said out let and after following due procedure may allot said dealership to the eligible candidate. 3 The petitioner has expressed apprehension in the writ petition stating that respondent no.4 whose dealership has been cancelled by respondent nos.2 and 3 on account of breach of conditions committed by him in 2007 is likely to be reallotted the outlet dealership on the basis of his letter/representation dated 16th July, 2009 addressed to respondent nos.2 and 3. 4 The wholesale retail outlet dealership for the location at Mangalwedha, District Solapur, was allotted to respondent no.4 in 2001 after following the due procedure. In 2007, the said dealership was cancelled in view of the breach of conditions committed by him. Since 2007 till this date, respondent nos.2 and 3 have not taken any steps for reallotting the dealership for the said location. 3 wp 1807-2011 The petitioner has stated that respondent no.4 has made representation/letter dated 16th July, 2009 to respondent Nos.2 and 3 and that they are likely to re-allot the dealership to him for the said location. 5 Respondents have filed reply affidavit and in para 8 thereof, admitted that they have received the representation of respondent no.4. They have further stated that no un-reasonable, arbitrary, illegal steps will be taken by them while considering the representation. 6 We are not expressing any opinion as to whether such representation deserves consideration by respondent nos.2 and 3, and we are satisfied that the following order shall meet the ends of justice :- 7 If respondents no.2 and 3 consider letter/representation dated 16th July, 2009 of the 4 wp 1807-2011 respondent no.4 and if they allow the said representation, they shall not give effect to their decision for a period of six weeks from the date of decision. They shall inform the petitioner, their decision within a period of three weeks therefrom. 8 If the respondent nos.2 and 3 decide to allot wholesale retail outlet dealership for the said location again by issuing advertisement, we hope and trust that they shall follow the due procedure. 9 With these observations, writ petition is disposed of. (U.D. SALVI, J.) (D.B. BHOSALE, J.) 5 wp 1807-2011