1 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.8319/2009 Smt. Sanjana Gangaraj Kusuma ..Petitioner. vs. The State of Maharashtra & ors ..Respondents. Mr H. S. Venegaonkar i/b Mrs Suvarna Pratap, Advocate for the Petitioner. Mr R.P. Behere, Addl.Govt.Pleader for Respondent Nos.1 to 3. Mr Mukesh V. Aiya, Advocate for Respondent No.4. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 5TH JANUARY,2010 P.C.:- Rule. Returnable forthwith. Heard finally by consent of parties. 2 By this petition, the petitioner challenges the order passed by the State Government, dated 20th August, 2009 setting aside the order made by the Deputy Controller of Rationing (respondent No.2) allotting fair price shop in favour of the petitioner and directing the Deputy Controller of Rationing to allot that shop to Respondent No.4. It is not necessary for us to go into the facts because respondent No.4 who is beneficiary of the impugned order, has agreed that the order of the State Government does not comply with the requirements of natural justice, inasmuch as the reason that had weighed, with the Deputy Controller in rejecting the claim of Respondent No.4 has not been considered and discussed by the State Government while setting aside the allotment order made in favour of the petitioner and directing allotment of the shop to Respondent No.4 and therefore the order impugned dated 20th August,2009 is liable to be set aside. Hence, in our opinion, the following order would meet the ends of justice. 3 ORDER: The order dated 20th August, 2009 passed by the State Government impugned in the petition copy of which is at Exh.E is set aside. The proceedings are remitted back to the State Government for de novo consideration and decision in accordance with law. Rule made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J) (A.R.JOSHI,J)