(1) C.A. No. 16492/2010 & R.A.Stamp No. 31754/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 16492 of 2010 (In Writ Petition No. 387 of 1998) WITH Review Application No. of 2010 (Stamp No. 31754/2010) (In Writ Petition No. 387 of 1998) Shirish Bapurao Patole, Age : 46 years, Occupation : Business, R/o. Gaurgaon, .. Applicant Taluka : Kalamb, (Original respondent District : Osmanabad. no.6) versus 1. The State of Maharashtra, Through the Secretary, Food and Civil Supplies Department, Mantralaya, Mumbai - 32. 2. The Minister of State, Food and Civil Supplies, Mantralaya, Mumbai - 32. 3. The Deputy Commissioner (Supply), Aurangabad Division, Aurangabad. (2) C.A. No. 16492/2010 & R.A.Stamp No. 31754/2010 4. The Sub-Divisional Officer, Bhum, District : Osmanabad. 5. The Tahsildar, Kallamb, District : Osmanabad. 6. The District Supply Officer, Osmanabad. 7. Lalasaheb Janardan Kapse, .. Non-applicants Age : Major, (Nos.1 to 5 - Occupation : Business, Original respondent R/o. Gaurgaon, nos.1 to 5, and Taluka : Kallamb, No.7 - Original District : Osmanabad. petitioner) ....................... Parties in both the applications are same. ........................ Mr. S.P. Shah, Advocate, holding for Mr. J.R. Shah and Mr. U.B. Bondar, Advocates, for the applicant. Mr. S.G. Nandedkar, Assistant Government Pleader, for non-applicant nos.1 to 6. Mr. S.S. Choudhari, Advocate, for non-applicant no.7. ........................ (3) C.A. No. 16492/2010 & R.A.Stamp No. 31754/2010 ........................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 30TH NOVEMBER 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. Office to register the Review Application Stamp No. 31754/2010 as Review Application. 2. Both the applications are preferred by the respondent no.6 in the Writ Petition. By way of Civil Application No. 16492/2010, the applicant challenges the order dated 30th September 2010, passed by the non-applicant no.6 / District Supply Officer, thereby canceling licence of the applicant, to run fair price shop at village Gaurgaon (Taluka : Kalamb, District : Osmanabad), while issuing licence in favour of non-applicant no. 7 (writ petitioner), in pursuance to the order dated 3rd August 2010, in Writ Petition No. 387/1998. 3. By way of Review Application, the applicant seeks modification of the order dated 3rd August 2010, passed in Writ Petition No. 387/1998 by making necessary clarification. (4) C.A. No. 16492/2010 & R.A.Stamp No. 31754/2010 4. The applicant contends that in pursuance to the orders passed by this Court, dated 3rd August 2010, in Writ Petition No. 387/1998, though this Court has not directed the applicant's licence to be cancelled, the same has been cancelled by the District Supply Officer, vide order dated 30th September 2010. 5. The said Writ Petition filed by the non-applicant no.7 was only pertaining to cancellation of licence to run fair price shop in favour of the writ petitioner. We had found that though the Sub-Divisional Officer and the Deputy Commissioner (Supply) had cancelled the licence of the applicant (original respondent no.6 in the Writ Petition) and upheld the cancellation, the Honourable Minister had interfered with the same. We had found that though the petitioner was at no fault, the fair price shop which was allotted to him, in accordance with law, came to be cancelled. The question regarding entitlement of the present applicant, for allotment of fair price shop, was not gone into, by us, in the Writ Petition. 6. In that view of the matter, we do not find that a case is made out either for modification or review of the order. The issue sought to be raised in the present applications, at the most, (5) C.A. No. 16492/2010 & R.A.Stamp No. 31754/2010 would entitle the applicant to take steps as permissible in law. 7. In the light of the above, the Civil Application and the Review Application are dismissed. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca16492etc