The state authorities have deprived four women an opportunity of empowerment by cancelling their authorization to run fair price shops in a flippant manner: Bombay high Court

 on 17 02 2022 on 19 02 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABADWRIT PETITION NO.12344 OF 20171. Stawan Mahila Bachat Gatthrough their Chairman Saw.Jayashri Ambadas Parkhe Age 55 years Occu Service R o Datta Nagar Tilak Nagar Tal.Shrirampur Dist.Ahmednagar PETITIONERSVERSUS1. The State of Maharashtra Through Minister of Food Civil Supply and Consumer Protection 2. Deputy CommissionerNasik Division Nasik 3. District Supply Officer Ahmednagar 4. TahsildarShrirampur RESPONDENTS Mr.Shaikh M.A.Jahagirdar Advocate for the petitioners.Mr.K.B.Jadhavar AGP for respondent Nos. 1 to 4.DATE : FEBRUARY 8 2022khs Feb.2022 12344 on 17 02 2022 on 19 02 2 JUDGMENT : 1.The petition is filed by the Chairman of four Bachat Gats whowere given authorization to run fair price shops and it is the claim ofthe petitioners that the groups are formed for upliftment of thefinancial condition of women from lower strata of the society. The petitioners are aggrieved by cancellation of theirauthorization at the hands of the District Supply Officer and it is allegedthat the same is done on unsustainable grounds and the policy of theState Government do not contemplate the action of cancellation ofauthorization of the fair price shop in the wake of the allegationslevelled against them.2. Heard the learned Advocate Mr.Shaikh M.A.Jahagirdar for thepetitioners and the learned AGP Mr.K.B.Jadhavar for the State. Rule. Rule made returnable forthwith. Heard by consent of theparties. The four petitioners are the Mahila Bachat Gats who wereconferred authorization by respondent No.3 to run distinct fair priceshops in Taluka Shrirampur Dist.Ahmednagar. Notice was issued to thepetitioners by the District Supply Officer Ahmednagar under thekhs Feb.2022 12344 on 17 02 2022 on 19 02 3 Maharashtra Scheduled Commoditiesand on noticing thatthe food grain was stocked unauthorizedly an offence came to beregistered against Mr.Aslam Shaikh driver of the vehicle and its ownerMr.Sudhakar Adagale. In this offence one Ambadas Parkhe alleged tobe the Salesman of the petitioners Bachat Gats was arraigned as anaccused and arrested. In this background the petitioners were put tonotice that they have violated the provisions of the MaharashtraScheduled CommoditiesRegulation 1975and by the said notice the petitioners were asked to show cause as towhy their license of the fair price shop should not be cancelled. Identical notices came to be issued to all the 4 petitioners. 3.The notices were responded to by the petitioners by submittingthat they failed to understand their connection to the recovery of gunnykhs Feb.2022 12344 on 17 02 2022 on 19 02 4 bags of rice from the tempo and it was clarified that the fair price shopallotted to every Bachat Gat is run by 7 8 women and the food grainswhich is received is duly distributed as per norms and a record to thateffect is maintained in a transparent way. It was reiterated that if therecord in the shops is perused the stock is maintained and registered asper the register which is maintained. 4.The District Supply Officer that is the respondent No.3 passed anorder on 22 05 2013 suspending authorization of the fair price shopsof the petitioners. Being aggrieved by the said order the petitioners approached theDeputy CommissionerNasik Division by filing revisionapplication and the same came to be partly allowed and the suspensionorder was set aside with a direction to respondent No.3 to proceedagainst the petitioners as per the rules on the basis of the report of theTahsildar Shrirampur if they are found guilty. 5.This resulted in passing of the impugned order by the DistrictSupply Officer cancelling the authorization of the petitioners. Onceagain the petitioners filed revision application against the order ofkhs Feb.2022 12344 on 17 02 2022 on 19 02 5 cancellation of authorization and it came to be allowed by the DeputyCommissionerand respondent No.3 was directed to conduct afresh enquiry in the matter after giving notice of the allegations to bemet by the petitioners. The respondent No.3 again passed the sameorder on 18 03 2016 and ordered cancellation of authorization of thefair price shop run by petitioners Bachat Gat.6.The petitioners approached the Deputy CommissionerNasik and the Minister of Food Supply and ConsumerProtection Department i.e. respondent No.1 cannot be sustained. Thepetitioners are entitled for restoration of their authorization to run thefair price shop by setting aside the impugned orders. 13.I cannot refrain myself from commenting upon the approach ofthe State Authorities right from the level of the Tahsildar to the highestlevel of the State Government. It is necessary to take note of theprevailing status of women in this country where every endeavour ismade on all fronts by equipping them with the tools they need to havepower and control of their own lives and when the policy of theGovernment is to encourage their empowerment so that they becomeindependent and develop the ability to make strategic choices in allareas of their lives and would take this country ahead in securinggender equality by their sustainable development. Womanempowerment being the motto of the State in utter contrast in thiscase the State Authorities have undermined the four bachat gats and ina flippant manner have deprived them an opportunity of empoweringseveral women in rural area who had come together and formed abachat gat who was allotted authorization to run the fair price shop. Itkhs Feb.2022 12344 on 17 02 2022 on 19 02 13 is a matter of serious concern about the whole approach against thepetitioner bachat gat who in a perfunctory manner were discouragedand deprived of the authorization granted in their favour on clumsy anda non existent grounds. 14.As a result of the above Rule is made absolute in the aboveterms. It is however necessary to issue a direction to respondent No.3to immediately restore the authorization in favour of the petitioners ina period of 8weeks from the date of communication of theorder to him. ( BHARATI H. DANGRE J.)khs Feb.2022 12344 

Summary: The authorization of four Bachat Gats to run fair price shops was upheld by the Bombay High Court and the order cancelling these authorizations were revoked through a single judge bench of Hon’ble Justice Ms. Bharati H. Dangre in the case of Stawan Mahila Bachat Gat &amp; Others v. State of Maharashtra &amp; Others (Writ Petition No.12344 OF 2017). The brief facts of the case are that the petition is filed against the impugned order by the District supply officer cancelling their authorization to run fair price shops alleging it is unreasonable and unsustainable by the rules and policies of the government. Bachat Gats are the groups are formed for upliftment of the financial condition of women from lower strata of the society. A vehicle filled with 42 gunny bags of rice stamped with IFC was found and offence of black marketing and unauthorized sale was registered against the owner and the driver of the vehicle. Upon further investigation Mr. Ambadas Parkhe was arrested as the middle salesman in this transaction. The District Supply Officer cancelled the licenses of the petitioner on the grounds that the salesman worked for them and was selling the rice supplied to them for distribution through PDS shops. The petitioners responded to the notice by submitting that they have no connection to the recovered of gunny bags of rice and the fair price shop allotted to every Bachat Gat is run by 7-8 women and the food grains which is received, is duly distributed as per norms and a record to that effect is maintained in a transparent way. Their petitions to higher authorities were declined repeatedly. At the same time all the accused were acquitted in case of unauthorized sale of rice and the petitioners were never arraigned or arrested in the said case. Even though the title of Mr. Parkhe was that of the salesman he was not authorized to sell the goods. He was only authorized to collect the goods, obtain challans etc. only. There is no corroboration between the connection of the petitioners and the rice found which was allegedly being transported for sale in the black market. The Court held that, in the wake of the aforesaid factual position, it cannot be said that the fair price shops run by the petitioners demand a serious action of cancellation of their permit/authorization particularly when the fair price shops authorization is granted to the Mahila Bachat Gats with an object of uplifting of women in the village/society. It is not established that petitioners have themselves committed any offence under the Essential Commodities Act, 1975. The court also commented upon the approach of State Authorities right from the level of the Tahsildar to the highest level of the State Government stating that, “Woman empowerment being the motto of the State, in utter contrast, in this case the State Authorities have undermined the four bachat gats and in a flippant manner have deprived them an opportunity of empowering several women in rural area who had come together and formed a bachat gat who was allotted authorization to run the fair price shop.” The Court quashed the impugned order and restored the license of the petitioners.