1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.6720 of 2009 Smt.Jyoti Yuvraj Suthar .. .. Petitioner v/s. 1.State of Mah. & ors. .. .. Respondents Mr.Mukesh V. Aiya for Petitioner. Mrs.Savita M. Yadav with Mr.Siddheshwar Kalal i/by Mr.P.A. Pol for Res.No.4. Mr.S.B. Bhosale, AGP for Res.Nos.1 to 3. ------ CORAM : SMT.ROSHAN DALVI, J. DATED : 23rd February, 2010 P.C. : 1.Rule, returnable forthwith. 2.The Petitioner as well as Respondent No.4 applied to be granted a ration shop amongst other Applicants. The structures of all the Applicants are unauthorised. The Controller of Rationing rejected all the applications. That order is legally correct. 3.In Appeal, Respondent No.3 granted the ration shop to Respondent No.4. The Petitioner is aggrieved by that 2 decision. The Petitioner claims that the Petitioner is on a better footing because he has Rs.50,000/- in his Bank Account, which Respondent No.4 does not have. Respondent No.4 belongs to priority 1. The Petitioner belongs to priorities 2, 3 and 4. Both have structures which are unauthorised. Respondent No.3 conditionally granted the ration shop upon Respondent No.4 obtaining the Municipal sanction. The Municipality can never sanction a wholly unauthorised structure. Consequently, the order of Respondent No.3-the learned Minister suffers from a gross infirmity. It appears that he has chosen the lesser of the ineligible candidates. However, the fact remains that the Petitioner, who has challenged the order himself, has not shown a case for being granted the ration shop. The order of Respondent No.3-learned Minister is, therefore, required to be set aside as being passed not in accordance with the requirement of law. Neither the Petitioner nor Respondent No.4 can be granted permission to start any ration shop. Respondent No.1 shall have to proceed as per the order of Respondent No.2-the Deputy Controller of Rationing. 4.The Writ Petition is allowed. Rule is made absolute accordingly. 5.No order as to costs. (SMT.ROSHAN DALVI, J.)