1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.462 OF 2008 (Dilip Yeshwantrao Zamade vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE , JJ. DATED : OCTOBER 7, 2008 Heard Shri Gedam, learned Counsel for the petitioner, and Shri Sonare, learned Additional Public Prosecutor for the respondent nos.1 and 2. In the present petition, grievance of the petitioner is in respect of irregularities/illegalities committed by the respondent no.3 while running fair price shop at village Kinhi (Aabad), Taluq Ashti, District Wardha. Shri Sonare, learned Additional Public Prosecutor, states that the respondent no.2 has already taken cognizance of complaint and also initiated enquiry against respondent no.3. It is submitted that details about steps taken in this regard are mentioned in para (2) of the affidavit dated 3.8.2008 filed by Shri Milind Bansod, District Supply 2 Officer, Wardha. Those details are as follows : “2) That, to make an inquiry against the respondent no.3, the District Level Inspection Team is formed headed by Assistant District Supply Officer in respect of Fair Price Shop run by the respondent no.3 in respect of the complaints made by the petitioner. It is submitted that the said Committee would start inquiry from 4.10.2008 and immediately after completion of the said inquiry appropriate action will be taken against the respondent no.3. It is further submitted that the intimation in respect of the inquiry team has already been given to the petitioner Sarpanch and Police Patil of the said village and the respondent no.3 and asked them to remain present at the time of inquiry. It is also further submitted that the Office of the District Supply Officer, Wardha asked the Tahsildar, Ashti to give proclamation by beat of drums in the village about inquiry so as to enable the residents of the said village to make any grievance in respect of the fair price shop run by the respondent no.3. It is further submitted that proclamation issued by the Office of the District Supply Officer, Wardha also display on the notice board of Gram Panchayat and Talathi Office. It is submitted that the steps are taken and immediately after completing the inquiry necessary steps shall be taken against the respondent no.3.” Shri Sonare, learned Additional Public Prosecutor, states that after completion of enquiry, the District Supply Officer shall take civil as well as criminal action contemplated under Section 7 of the 3 Essential Commodities Act against respondent no.3, if necessary, in accordance with law. We have considered the contentions canvassed by the respective Counsel for the parties. In the backdrop of the above referred facts, it is evident that the District Supply Officer has already initiated enquiry against the respondent no.3. The learned Additional Public Prosecutor has also assured this Court that if respondent no.3 during the course of enquiry is found guilty of any irregularity/illegality/violation of any of the provisions of the relevant Acts and Rules, appropriate action – civil as well as criminal stipulated in the provisions of Essential Commodities Act, particularly Section 7, will be taken against respondent no.3 in accordance with law. In the circumstances, grievance of the petitioner made in the petition stands redressed at this stage. The criminal writ petition is disposed of accordingly. JUDGE JUDGE khj 4