1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPELLATE SIDE, CIVIL JURISDICTION WRIT PETITION NO.: 3801 OF 2007 *** Baburao S/o Nivrutti Kendre, Age 40 years, Occu. Agriculture, R/o Mahalingi, Tq. Kandhar, District Nanded. ... PETITIONER. Versus 1. The State of Maharashtra, Through Hon'ble Minister, (Food, Civil Supply & Consumer Protection) Mantralaya, Mumbai. 2. The Hon'ble Dy. Commisisoner, Aurangabad Division, Aurangabad. 3. The District Supply Officer, Nanded, Dist. Nanded. (Copy of Respondent Nos.1 to 3 served on P.P. Office, High Court Bench at Aurangabad). 4. Bhanudas S/o Maroti Sasane, Age Major Occu.: Agril., R/o Mahalingi, Tq. Kandhar, District Nanded. ... RESPONDENTS *** Mr. G. N. Chincholkar for the Petitioner. Mr. S. V. Kurundkar, A.G.P. for Respondent Nos. 1 to 3. Mr. S. G. Jadhavar, Advocate for Respondent No. 4. *** CORAM: B. P. DHARMADHIKARI, J. DATED:- 28th FEBRUARY, 2011. 2 ORAL JUDGMENT: 1. Learned counsel for petitioner points out that though Honourable Minister found nothing wrong with the orders passed by lower authorities and also found that malpractices are established, still with a view to give Respondent No.4 an opportunity, the fair price shop licence has been restored after forfeiting security deposit and after imposing fine of Rs.5,000/-. According to learned counsel this is nothing but arbitrary exercise of jurisdiction by Respondent No.1. 2. Learned A.G.P. for Respondent Nos.1, 2 and 3 has supported the impugned order. 3. Advocate Shri Jadhavar for Respondent No.4 has stated that Petitioner is not a card holder of shop of Respondent No.4 and further a complaint has been made out of political rivalry. He has produced before this Court a photostat copy of opinion book or remark book which contains an entry for date 21st November, 2006. According to learned counsel this entry clearly falsifies the complaint made by the petitioner. 4. Shri Chincholkar for Petitioner has 3 pointed out that no such document is supplied to him and has been produced before this Court as required by law. 5. The order of Honourable Minister dated 7th June, 2007 has not been questioned by Respondent No.4. The order clearly records that the action taken by Respondent Nos.2 and 3 against shop of petitioner is justified in accordance with law. After recording this finding, Respondent No.1 though it fit to give one opportunity to respondent no.4. The alleged document (remark book or opinion book) is not produced before the lower authorities and has not been filed before this Court along with any reply affidavit. Not only this, the Respondent no.4 claims that order of Honourable Minister is in his favour and, therefore, he has not challenged it. Learned counsel for Respondent no.4 urged that the matter needs remand for fresh consideration by Respondent No.1 Honourable Minister. 6. Looking to the nature of grievance and the findings by authorities it is apparent that the leniency shown by Respondent No.1 is 4 uncalled for. The authorities viz. Respondent Nos.2 and 3 had taken appropriate action against the shop of respondent No.4. The impugned order of Respondent No.1 is, therefore, unsustainable. Said order dated 7th June, 2007 is, therefore, quashed and set aside. Rule made absolute. No costs. [B.P.DHARMADHIKARI, J.] Dated:-28/02/2011. ans/3801 5 WRIT PETITION NO.: 3801 OF 2007 Date of decision: 28th FEBRUARY, 2011. For approval and signature THE HONOURABLE SHRI JUSTICE B. P. DHARMADHIKARI. Whether Reporters of local papers ... Yes may be allowed to see the judgment? To be referred to the Reporter or not? ... No Whether Their Lordships wish to see ... No fair copy of the judgment? Whether this case involves a substantial ... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? Whether it is to be circulated to the ... No Civil Judges? Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE