1 WP 1073.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1073 OF 2011 All Maharashtra Fair Price Shopkeepers Hawkers, Retail Kerosene Licence Holders Sanghatana Federation, Pune. .... PETITIONER VERSUS The State of Maharashtra and others. .... RESPONDENTS Mr. V.J.Dixit, Sr. Counsel instructed by Mr. P.G. Rodge, Advocate for the petitioner. Mr. S.K.Kadam, Asstt. Govt. Pleader for State. CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE : 25/02/2011 PER COURT : 1. Heard. 2. The petitioner claims to be Sanghatana of Maharashtra Fair Price Shopkeepers and Hawkers, Retail Kerosene Licence Holders. The present petition is filed on 7/2/2011 with following substantive prayers : 2 WP 1073.2011 “ A. The record and proceedings from the respondents may kindly be called for in order to examine the legality, propriety and correctness of the impugned report dated 31/1/2011 of the respondent no. 4. B. By a writ of certiorari or any other appropriate writ or direction in the like nature, the report dated 31/1/2011 prepared and submitted by respondent no. 4 before respondent no. 3 to the extent of proposed action of cancellation of licenses of the fair price shopkeepers as per the list at Exhibit ‘ A ’ may kindly be quashed and set aside ”. 3. On 21/2/2011, the matter was heard and notices were issued to respondents, returnable on 25/2/2011. Learned Assistant Govt. Pleader waived service of notice on behalf of respondent – State. 4. The learned Assistant Govt. Pleader submits that on 10/2/2011 licences of fair price shops of 28 licence holders was cancelled by written order passed by District Supply Officer, Latur. The learned Assistant Govt. 3 WP 1073.2011 Pleader further submits that criminal case has been lodged against these licence holders. The learned Assistant Govt. Pleader submits that affected licence holders have alternate efficacious remedy to file Appeal before Dy. Commissioner ( Supply ). 5. The learned Sr. Counsel appearing for the petitioner submits that during pendency of this petition, the authorities had passed orders which is contrary to the order passed by the Division Bench of Bombay High Court in Writ Petition No. 2575 of 2009 dated 15/2/2010. 6. On 21/2/2011, when the matter was heard, it was not informed to this Court that District Supply Officer, Latur had passed order of cancellation of licence on 10/2/2011 and criminal cases were filed. There is alternate efficacious remedy against the order passed. The petitioner is entitled to raise issues before concerned appellate authority. 7. In case, the affected licence holders file Appeal before Dy. Commissioner within two ( 2 ) weeks, we direct Dy. Commissioner ( Supply ) to expeditiously hear interim applications filed therein, if any, by concerned licence holders and pass appropriate order in accordance with merits of matter and legal provisions. 4 WP 1073.2011 8. This Court has not expressed any opinion on issues raised by parties before this Court. The Writ Petition is disposed of. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL,J.] knp/WP 1073.2011