1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Letters Patent appeal No.323 of 2002 In Writ Petition No.238 of 2002 Smt. Jyoti Hitesh Mehata Appellant Vs. The State of Maharashtra & ors. Respondents Mr.P.A.Pol for appellant. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. July 11, 2008 P.C. . Heard Mr.Pol, the learned counsel for the appellant who had filed Writ Petition No.238 of 2002 as she was not successful in getting a licence for a fair-price shop (A.R. shop). Writ Petition No.238 of 2002 was summarily rejected by this Court (Single Bench) on 12/6/2002. . This appeal was admitted on 8/7/2003 but there was no interim relief granted. the original advertisement was issued in October 1999 and nobody was found qualified for allotment of A.R. shop in response to the said advertisement including the present appellant. 2 . We have on record the affidavit-in-reply filed by the Assistant Controller of rationing in this LPA and the affidavit concluded by an undertaking as under: "...Now, since no applicant was found to be eligible for allotment of A.R.shop, the controller of Rationing is going to re-advertise for the said Item No.1461, subject to availability of minimum 3,000 units excluding units of white ration cards, as per the Government Resolution No.savivya - 1000/2370/Case No.217/2000/Napu 28, dated 09.06.2000, after finalisation of this writ petition..." . We direct the Controller of Rationing, Mumbai to issue the advertisement for the said Item No.1461, if not done so far, subject to availability of 3000 units excluding units of white ration cards as per the g.r. dated 9/6/2000, within a period of three months from today and take further steps for allotment of A.R. shop as per the policy decision of the State Government. 3 . Save and except the above directions, the LPA stands disposed. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)