:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 424 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.R.S.Apte i/by. Anand S. Kulkarni, Adv. for the petitioners. Mr.Nitin P. Deshpande, AGP for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 12TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. This Writ Petition under Article 227 of the Constitution of India is directed against the orders which are passed by the authorities exercising powers under the Maharashtra Wholesale Kerosene Dealers Licensing Act, 1966. 2. The complaint of the petitioner in the Revision Application before the Minister was :2: :2: :2: that, he is the License Holder for Kerosene and conducting the business for last more than 20 years. He has followed all the terms and conditions on which the license has been issued and there is no complaint from any Quarters against him. However, his license has been suspended on account of alleged irregularities and the grievance was that this is not a fit case where the power of suspension should have been resorted to, more so, when there is no allegation of diversion of stocks or misappropriation or its disposal otherwise contrary to the terms and conditions of the license. The order of suspension of licence has been maintained throughout. 3. When the grievance before me was that the defects are either rectified or non-existent, I expressed a view to both sides that the Authority concerned shall notify the defects of the petitioner with regard to the operation and conduct of the business by him under the subject license. If these defects :3: :3: :3: are rectified, then, it is for the Authorities to revoke the suspension and restore the license. If the defects are not rectified within the time stipulated by the Authorities then the order of suspension stands confirmed, so also, the Authorities shall resort to further powers of cancellation of license as well. 4. Mr.Apte after taking instructions from the Manager of Sadashiv Agency and Representative of the petitioner who is present in court, states that the petitioner is agreeable to this course of action and would satisfy the Authorities concerned, that there are no defects or that the defects, if any, existing shall be rectified provided time is granted for the same. 5. Accordingly, the Food Distribution Officer (empowered authority) to notify the defects within a period of one week from today and the petitioner shall thereafter take :4: :4: :4: appropriate steps to rectify the same within the time stipulated by the Authority. The Authority thereafter to consider favourably the request for revocation of suspension and the same shall be done provided the Authority is satisfied that all defects have been rectified. Petition disposed off. No order as to costs. sd/- ********