1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1316 OF 2011 WITH WRIT PETITION NO.1317 OF 2011. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 16.06.2011. 1. Heard. 2. The petitioner is a registered Society and is holding the license of a ration shop. There are separate licenses in the name of Society and in the name of the Chairman in his individual capacity. According to Mr.Dhorde, learned counsel, the District Supply Officer while passing the impugned order was confused. The alleged lapses in respect of three licenses were not dealt separately. According to him, there are inconsistent observations and it materially affected the decision. 2 3. The learned counsel contends that the petitioner may be given an opportunity to eradicate this anomaly, to show his bonafides and without prejudice to his contentions, the learned counsel on instructions states that the petitioner would deposit the fine amount and the security amount as depicted in the judgment impugned. 4. Learned Asstt. Govt. Pleader submits that the opportunity was given to the petitioner and the authorities on consideration of all the aspects have passed reasoned order. No purpose would be served by remitting the matter. 5. Perusal of the order shows that various licenses and averments therein have been mingled. It would be appropriate to relagate the parties before the District Supply Officer, who would decide the matter afresh after considering the submissions of the petitioner. 6. In view of the above, the impugned orders of the District Supply Officer, the appellate authority and the Hon'ble Minister are quashed and set aside. The petitioner is relegated to the District Supply Officer. The District Supply 3 Officer after giving opportunity to the petitioner shall decide the proceeding afresh. The petitioner shall without prejudice to his right deposit the amount of fine and security deposit. 7. Rule accordingly made absolute in above terms. No costs. (S.V.GANGAPURWALA,J.) Dt.16.06.2011. asp/office/wp1316.11