1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5380 OF 1998 Baliram S/o Sadashiv Sonar .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS -------------------------------------------------------------------------------------------------------- Mr. B.R.Warma, Advocate for petitioner. Mr. N.B.Patil, Assistant Govt. Pleader for State. Mr. R.B.Temak, Advocate holding for Mr. P.R.Patil, Advocate for resp. no. 2. -------------------------------------------------------------------------------------------------------- CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 03/08/2010 ORAL ORDER : 1. By way of present petition, the petitioner challenges the order dated 05/10/1998 vide which the Hon’ble Minister has restored the licence granted in favour of respondent no. 7. 2. The petitioner was running fair price shop at village Ganeshpur, Tq. Chalisgaon, Dist. Jalgaon. Since criminal proceedings were initiated against the petitioner, his licence came to be suspended. Subsequently, by following due procedure of law, the fair price shop came to be allotted to respondent no. 7. 2 3. In the mean time, in the criminal proceedings, the petitioner came to be acquitted. As such, the licence was restored to him. On account of grant of licence in favour of the petitioner, the licence allotted in favour of respondent no. 7 came to be cancelled. In the Revision, the Hon’ble Minister set aside the cancellation of licence in faovur of respondent no. 7 and directed creation of one additional fair price shop in favour of respondent no. 7. 4. We find that the fair price shop was allotted to respondent no. 7 by following due procedure of law. Having no fault on the part of respondent no. 7, we find that the Hon’ble Minister has exercised the jurisdiction in just and proper manner. 5. No merit is found in the petition. The petition is, therefore, dismissed. Rule is discharged. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/ WP 5380.98