1 WP9952/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9952 OF 2010 Shobha Tanaji Kagade ..... Petitioner. v/s State of Maharashtra & Others ..... Respondents Mr. S.S. Patwardhan for the Petitioner. Mr. A.I. Patel, AGP for Respondent Nos. 1 to 3. CORAM: V. M. KANADE, J. DATE : 24th January, 2011 P.C.:- 1. Heard the learned Counsel appearing on behalf of the Petitioner and the learned AGP appearing on behalf of the State. 2. The grievance of the Petitioner is that, initially, a show- cause notice was issued against him, alleging irregularities in conducting the Rationing Shop on a complaint filed by the local MLA. The said notice was issued on 15/1/2010. Before the Petitioner could give any reply, on 19/3/2010, license to conduct the Rationing Shop was suspended. Against this order, Petitioner preferred an appeal before the concerned authority. His appeal was allowed and the order of suspension of license was set aside. In the meantime, the 2 WP9952/2010 complainant withdrew his complaint and, therefore, he was not a party to the appeal filed by the Petitioner before the concerned authority. Thereafter, the original complainant directly approached the Hon’ble Minister in revision and the learned Minister was pleased to confirm the order of suspension passed by the District Civil Supply Officer. 3. Learned Counsel appearing on behalf of the Petitioner firstly submitted that no opportunity was given to the Petitioner to show cause to the initial show-cause notice. Secondly, it is submitted that the complaint by the original complainant was withdrawn and the Gram Panchayat also had passed a Resolution in which they have stated that they have no complaints against the Petitioner. 4. I have perused the impugned order passed by the Hon’ble Minister. It appears that these aspects have not been considered by the Hon’ble Minister. In this view of the matter, in my view, it would be appropriate if the impugned order is quashed and set aside and the matter is remanded to the District Civil Supply Officer to enable the Petitioner to file his reply to the show-cause notice. 5. Accordingly, the order passed by the Hon’ble Minister dated 15th September, 2010 in Revision Application No.VAN-1410/PK/207/NP23 is quashed and set aside and the matter is remanded to the District Civil Supply Officer to enable the Petitioner to file his reply to the show-cause 3 WP9952/2010 notice. District Civil Supply Officer may conduct the appropriate inquiry and pass orders in accordance with law as expeditiously as possible and, in any case, within a period of eight weeks from today. 6. Petition is allowed in the aforesaid terms and disposed off. (V.M. KANADE, J.) 4 WP9952/2010