- 1 - prod-8-wp-11028-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11028 OF 2011 Shri Dhirajlal D. Chheda .. Petitioner. V/s. State of Maharashtra & Another .. Respondents. Mr. M. V. Aiya, for the Petitioner. Ms. P. S. Cardozo, AGP for the Respondent. CORAM: G.S.GODBOLE,J. DATE : 21st DECEMBER, 2011. P.C:­ Not on board. Upon production, taken on board. 1 RULE. Rule made returnable forthwith. The learned AGP waives service for the Respondents. 2 The only reason given for cancellation of the license of authorized ration shop is that the partner of the Petitioner has died. 3 Though the Petitioner was heard with a view to find out the names of the heirs of deceased partner­ Chandulal N. Gori, prima facie, there is nothing to indicate that the Petitioner was given a show cause notice as to why his authorization should not be cancelled. 4 In this view of the matter, though the Petitioner has an alternate remedy of filing appeal before the State Government, the - 2 - prod-8-wp-11028-2011 Petitioner deserves to be permitted to run the ration shop. 5 Hence, I pass the following order:­ (i) The Petitioner may file an Appeal before the State Government within a period of two weeks from today and if such an application is filed within that period, same shall not be dismissed on ground of limitation; (ii) Till 31st January, 2012, the impugned order dated 24th November, 2011 passed by the Deputy Controller of Rationing, 'E' Region, Wadala shall remain stayed, meaning thereby, the Petitioner will be entitled to run the ration shop. The Petitioner will also be entitled to submit an application for interim relief before the State Government and said application shall be heard on or before 31st January, 2012. (iii) Rule made partly absolute in the aforesaid terms with no order as to costs. (iv) In case the order on stay application is against the Petitioner, same shall not be impleaded for a period of two weeks from the date of the service of the said order on the Petitioner. (G.S.GODBOLE,J.)