1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5252/2009 Kishore N. Damedhar -: versus :- State of Maharashtra 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 : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 16, 2010. Heard Shri A.V. Bhide, learned counsel for petitioner and Shri Kothari, learned A.G.P. for respondent nos. 1, 3 to 6. Respondent no.2 has chosen not to appear, as the impugned order is stayed by this Court on 08.12.2009. As rightly urged by Shri Bhide, learned counsel for petitioner, the impugned order notices at least 8 serious lapses in the functioning of a fair price shop and the authorities below have in view of the findings canceled the authorization of respondent no.2. Respondent no.1 Hon'ble Minister has interfered only because respondent no.2 is a widow. The fine of Rs. 15000/- has been ordered and authorization has been restored. Shri Bhide, learned counsel contends that the sympathy of leniency shown is misplaced. According to the learned A.G.P. appearing on behalf of the respondents, the discretion was available to the Hon'ble Minister and looking 2 to the fact that respondent no.2 is widow that discretion has been rightly exercised. It is apparent that the malpractices noticed are of grave and serious type. Any fair price shop with such malpractices cannot be continued and hence all authorities below have rightly canceled the authorization of respondent no.2. When the malpractices are not in dispute, the gender of person indulging in the same is totally irrelevant. Hence no sympathy could have been shown only because fair price shop keeper is widow. The reason given by the Hon'ble Minister is therefore irrelevant, hence the impugned order dated 04.05.2009 cannot be sustained the same is accordingly quashed and set aside. Writ Petition is allowed in the aforesaid terms. Rule accordingly. No cost. JUDGE Rgd.