1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD /UNREPORTED/ WRIT PETITION NO.8613 OF 2009 Date of decision:11/8/2010 For approval and signature HON'BLE MR. JUSTICE R.K.DESHPANDE 1. Whether the Reporters of Local Papers Yes/No. may be allowed to see the Judgment ? 2. To be referred to the Reporter or not ? No 3. Whether Their Lordships wish to see No. the fair copy of the Judgment ? 4. 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 ? 5. Whether it is to be circulated to the No. Civil Judges ? 6. Whether the case involves an important No question of law and whether a copy of the Order should be sent to Bombay, Goa and Nagpur Office ? (A.G. PARALIKAR) Private Secretary agp/office/8613-09wp 2 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8613 OF 2009 Limbaji s/o Gema Jadhav, Aged 45 years, Occ: Business, r/o Ramapur Tanda, Tq. Palam, Dist. Parbhani. ...PETITIONER VERSUS 1. The State of Maharashtra Through its Principal Secretary, Food, Civil Supplies and Consumer Protection Department, Mantralaya, Mumbai 32. 2. The Additional Commissioner, (Supply), Aurangabad Division, Aurangabad. 3. The District Supply Officer, Parbhani. 4. The Tahsildar, Palam, Tq.Palam, Dist. Parbhani. ...RESPONDENTS ... Mr.P.S.Dighe, Adv., for the petitioner, absent. Mr.K.M.Suryawanshi, A.G.P., for respondents. ... CORAM:R.K.DESHPANDE, J. DATE :11/8/2010 *** 3 ORAL JUDGMENT: 1. By consent of learned Counsels for the parties, Rule, made returnable forthwith. Matter is heard finally. 2. This writ petition challenges order dt. 7.12.2009 passed by the Deputy Commissioner (Supply), Aurangabad, accepting the application for grant of stay to the order dt.20.11.2009, passed by the District Supply Officer, Parbhani. The matter is, thereafter, posted for hearing. 3. This Court had issued notice on 17th Dec.,2009 and ad interim relief in terms of prayer clause (C) was granted as a result of which the order dt.20.11.2009 passed by the District Supply Officer, Parbhani, has been stayed. 4. Learned A.G.P. submits that since this matter is pending before this Court, the appeal before the Deputy Commissioner (Supply), Aurangabad, is not taken up for hearing. He further submits that this matter can be disposed of with a direction to the Deputy Commissioner (Supply), Aurangabad, to decide the appeal within a stipulated period and since the interim order granted by this Court dt.17th Dec.,2009 is continued, the same can be continued till the 4 decision of the appeal. 5. In view of above, the instant writ petition is allowed. Rule is made absolute in terms of the order passed by this Court on 17.12.2009, granting interim relief in terms of prayer clause C which shall operate pending appeal. The Deputy Commissioner (Supply) is directed to decide the appeal within a period of three months from the date of receipt of writ of this Court. The petition, therefore, stands disposed of. (R.K.DESHPANDE) JUDGE ... agp/8613-09wp