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1981 Supreme(Bom) 259

R.D.TULPULE, R.S.BHONSALE
Khandesh Roller Flour Mills, through its partner Mrs. Sheela w/o Kantilal Singhi – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - R.S. BHONSALE, J.:---This petition filed by petitioners Khandesh Roller Flour Mills under Article 226 of the Constitution of India pray for a writ of mandamus or other appropriate writ, order or direction in the nature of an order against the respondent No. 2 who is the Deputy Secretary, Food and Civil Supplies Department of the State of Maharashtra and is also the Licensing Authority under the Wheat Roller Flour Mills (Licensing and Control) Order, 1957 to grant a milling license as per the application made by the petitioners on September 16, 1980 in favour of the petitioners as expeditiously as possible.

2. This petition raises an important question as to whether an authority which is vested with the discretion to exercise certain powers should act under the direction of any other authority, in this case the Government of India, for disposing of the application for granting a milling license under the said order.

3. In order to appreciate the contentions raised by Shri V.R. Manohar, the learned Counsel appearing for the petitioners, the relevant facts which lie in a narrow compass can be briefly referred to. The petitioners are the registered partnership firm under the p






















































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