:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 274 OF 2008 Ramesh Maruti Shende ...Petitioner Versus Deputy Commissioner, Pune ....Respondent ====== Mr.P.B.Shah, Adv. for the petitioners. Mr.R.M.Patne, AGP for respondent nos.1 and 2. Mr.R.S.Kate, Adv for respondent no.3. CORAM: S.C.DHARMADHIKARI, J. DATED: 30TH JANUARY, 2008. P.C. P.C. P.C. : : : 1. This petition under Article 226 and 227 of the Constitution of India, is directed against an order dated 22.5.2007 passed by the Minister of Food and Civil Supplies, Consumer Affairs, Government of Maharashtra on an Revision Application preferred by the petitioner. 2. The petitioner had impugned an order passed by the :2: :2: :2: Deputy Commissioner, Supplies, Pune Division dated 16.8.2005. 3. It is the case of the petitioner that when the Revision Application was being heard and decided by the Minister, although, it is recorded that the petitioner was present, he could not point out to the Minister that the allotment of Kerosene Dealers Licence in his favour was on account of the fact that he is a physically disabled person and his case would be covered by Priority No.4. 4. The Minister has observed that the petitioner did not forward the Disability Certificate alongwith the Application after the date and time stipulated in the public notice. In such circumstances, the Minister has upheld the order of the Deputy Commissioner and rejected the Revision Application. 5. After the record was produced before me, I have perused the subject Certificate, so also, the petitioner’s application. In my view, considering that the claim is made by a physically disabled person and :3: :3: :3: the State having carved out a category or priorities for such persons, so also, the petitioner producing a Certificate showing that he is physically disabled, it would be fair, just and proper that the State Government re-examines the whole issue. Accordingly, the order passed by the Revisional Authority is quashed and set aside and the Revision Application is restored to the file for being disposed off by the State Government within a period of two months from the date of receipt of a copy of this order. 6. Needless to state, that since the allotment is made in favour of the Respondent no.3 to this petition and he is being allotted some Quota of Kerosene for distribution to Consumers, it is directed that this arrangement will continue until the Revision Application is disposed off. However, that will not create any right or equity in favour of Respondent no.3 and he shall carry out the business subject to the orders in the Revision Application. Merely because Respondent no.3 is allowed to so continue, that will not prejudice the rights and contentions of the parties in the Revision Application. Petition disposed off. :4: :4: :4: No costs. sd/- *******