1 WP No.5157/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5157/2011 Rajaram s/o Dattarao Hembade Age: 47 Yrs., occu. Agril. R/o Valana, Tq.Sengaon, District Hingoli. - PETITIONER VERSUS 1) The State of Maharashtra Through its Minister in the Department of Food, Civil Supply, Mantralaya, Mumbai. 2) The Additional Commissioner (Supply), Aurangabad. 3) The District Supply Officer, Hingoli, Tq. And District Hingoli. - RESPONDENTS ***** Mr.VM Mane, Advocate for Petitioner; Mr.KB Choudhari, AGP for State. ----- CORAM : S.V.GANGAPURWALA, J. DATE : 15th July, 2011. ORAL JUDGMENT: 1) Heard. Rule, Rule made returnable forthwith. With the consent of parties, taken up for final hearing. 2 WP No.5157/2011 2) The petitioner's father was holding fair-price shop license. Due to accident suffered by father of the petitioner, petitioner's father could not lift the commodities for distribution for some months in the year 2002. As such, taking into account the need of the villagers, father of the petitioner made a request to the authorities to make an alternate arrangement for distribution of the commodities through fair price shop licence holder of adjacent village. 3) Respondent No.3 issued show cause notice to father of the petitioner on 24.1.2003. The District Supply Officer, Hingoli cancelled the fair price license, vide order dated 28.2.2003. The same was challenged before the Additional Commissioner(Supply), who dismissed the said appeal. Aggrieved thereby, father of the petitioner preferred revision before the Hon'ble Minister, who dismissed the same, vide judgment and order dated 21.6.2011. The said order is assailed by the petitioner in the present writ petition. 4) Shri Mane, learned Counsel for the petitioner, submits that father of the petitioner died on 2nd June, 2011 and the revision is decided against a dead person. Even in the order, it is stated that as the High Court had directed to 3 WP No.5157/2011 decide the revision within the stipulated time, the same was decided. In spite of the fact that it was brought to the notice of the Hon'ble Minister about death of father of the petitioner, no notice to any of the legal heirs of the deceased was issued. The learned counsel submits that all other legal heirs have given affidavit in favour of the petitioner for transfer of the fair price shop licence in his name. 5) Shri KB Choudhari, learned AGP, submits that the matter has been decided on the basis of the documents/material available on record and based on which, a just and appropriate decision has been taken by the Hon'ble Minister and needs no interference. 6) The date of demise of father of the petitioner is not disputed. As such, the judgment passed by the Hon'ble Minister is a judgment against a dead person, which is a nullity and no judgment in the eyes of law. No notice was issued to legal heirs of the deceased father of the petitioner. In the light of that, the judgment cannot be sustained. 7) In the light of above, the impugned judgment is quashed and set aside. The Hon'ble Minister shall decide the revision filed by Shri 4 WP No.5157/2011 Dattatraya Balaji Hembade, afresh, after giving an opportunity of being heard to the petitioner on its own merits. Rule is accordingly made absolute in the aforesaid terms, however, with no orders as to costs. sd/- (S.V.GANGAPURWALA) JUDGE bdv/ Authenticated copy (BD VADNERE,PS)