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2011 Supreme(Bom) 1112

R.K.DESHPANDE
Shivaji Tulshiram Thakre – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Shri S.D.CHOPDE, Advocate for Petitioner.
Shri K.LDHARMADHIKARI, Asstt. Govt. Pleader for Respondent Nos. 1 to 3
Shri P.Y.NAVLANI, counsel h/f Shri ANAND PARCHURE, counsel for R-4.

JUDGMENT

This petition chal1enges the order dated 28.06.2010 passed by the Hon'ble Minister, Food Civil Supplies and Consumer Department of State of Maharashtra, party allowing the application for review of the order dated 26.08.2009, in exercise of its power conferred by Clause 16 of the Maharahtra Scheduled Commodities Retail Dealers' Licensing Order, 1979 ("the said order" for short).

2. A notice for final disposal of the matter was issued on 23rd November, 2010, and the interim relief in terms of prayer clause (ii) of the petition was granted. The respondents are served. Shri K.L.Dharmadhikari, the learned Asstt. Govt. Pleader appears for Respondent Nos. 1 to 3 and Shri P.V. Navlani, the learned counsel h/f Shri Anand Parchure, Advocate appears for Respondent No.4. The matter is heard finally.

3. The District Supply Officer in exercise of his power conferred by Clause 11 of the said Order, passed an order on 2.5.2009, forfeiting the security deposit of the respondent no. 4 on the ground that he had violated the terms and conditions of the retail kerosene license issued under the said Order. The petitioner, who claims to be the resident of the concerned area and the card holder pre


































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