1 W.P.No.6109/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6109 OF 2011. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 17.08.2011. 1. Heard. 2. The petitioners impugn the order passed by the Deputy Commissioner (Supply), Aurangabad. By virtue of which the said Deputy Commissioner allowed the Revision Application filed by the present Respondent No.5 against the suspension of his license of fair price shop. 3. Mr.Ghatge, learned counsel for the petitioners submits that though petitioners were the complainants, they were not made parties and were not given any opportunity of hearing by the Deputy Commissioner. Serious allegations 2 W.P.No.6109/11 were made against the Respondent No.5. It was the second occasion when the Respondent No.5 was found indulging in illegal act. 2000 litres of kerosene was seized while being transported to black market from the Respondent No.5 and so the District Supply Officer had rightly suspended the license of Respondent No.5. The Deputy Commissioner in a very casual manner, without considering the gravity of the erroneous act has allowed the Revision. According to the learned counsel even if the Deputy Commissioner had directed reinquiry, still, the suspension should not have been cancelled. While the license was suspended reinquiry could have been conducted. 4. Vide the impugned order, the Deputy Commissioner has directed the authority to conduct reinquiry. The Deputy Commissioner has relied on the Government Resolution dated 12.11.1991. The order of suspension of license is passed on 11.2.2011. As per the Government Resolution dated 12.11.1991, the inquiry should be conducted in eight weeks or at the most within ninety days. Admittedly, the same has not been 3 W.P.No.6109/11 done. In view of that I do not find any error committed by the Deputy Commissioner in passing the impugned order. The petitioners if so desire can raise objection before the authority who would be conducting the inquiry. The authority to whom the matter has been remanded for reinquiry shall conduct the inquiry expeditiously, taking into account the total material before him and preferably within a period of four (4) months from today. 5. The Writ Petition is accordingly disposed of. No costs. (S.V.GANGAPURWALA,J.) Dt.17.08.2011. asp/office/wp6109.11 4 W.P.No.6109/11