1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPEALLATE SIDE, BENCH AT AURANGABAD Writ Petition No. 1381 of 2009 Dhrupadabai Marotrao Thorat ... Petitioners V E R S U S The State of Maharashtra and others. ... Respondents ... Mrs. M.A. Kulkarni, Advocate for the petitioner Shri. V.D. Rakh, Assistant Government Pleader for respondents ... CORAM: NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATE: 23rd November, 2009 PER COURT : 1. Heard. 2. The petitioner’s husband was running a fair price shop. He died on 28th March, 2008. The petitioner filed an application for transfer of licence in her name. During life time of the husband of the petitioner, an inquiry was initiated on the complaint filed by the villagers against functioning of the fair price shop. A criminal case was also lodged against the petitioner’s husband, which was registered as Crime No. 3004 of 2008 of Police Station Basamba, Taluka and District Hingoli. The authorization of the fair price shop of husband of the petitioner was suspended on 24th March, 2008. 2 3. A revision was preferred by the petitioner against the order of suspension to the Deputy Commissioner (Supply) Aurangabad. By a Judgment and order dated 17th September, 2008, the revision was partly allowed. The matter was remanded back to the Additional Collector to act as per the orders of Government dated 10th December, 2003 and 21st July, 2000 in respect of transfer of the fair price shop in the name of petitioner within one month. 4. The Assistant District Supply Officer filed affidavit-in- reply in which it is averred that the matter is referred to the Government for guidance. 5. Keeping in view the necessity of the running of fair price shops we find that early decision is solicited. 6. We have perused the Government Resolution dated 22nd December, 1997. It is reflected from the said Resolution that after licence holder dies the licence gets terminated. We direct the authorities to take final decision within three months from today on the application of the petitioner keeping in view the policy of the State Government as reflected in the Government Resolution. 7. Till the authorities take a final decision on the application of the petitioner, we direct the District Supply Officer to appoint competent authority to run the fair price shop or to make alternate arrangement for supply of food grains and kerosene to the card 3 holders, if not already made. 8. The Writ Petition is accordingly disposed of. Authenticated copy be made available to the Assistant Government Pleader. ( K.U. CHANDIWAL, J.) (NARESH H. PATIL, J.) srm/wp/1381/09 4