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2012 Supreme(Bom) 1643

S.V.GANGAPURWALA
Ishwar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:S.B. Choudhari, Advocate.
For the Respondents: B.V. Wagh, A.G.P.

Judgment :

1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the respective parties, taken up for final hearing.

2. The petitioner, is a Police Patil and runs a retail kerosene shop at village Ghodki, Tq. Washi, Dist. Osmanabad since the year 1997.

3. The respondent no. 3 issued show cause notice to the petitioner calling explanation from the petitioner as to why the kerosene dealership should not be cancelled as he was appointed as Police Patil. The said notice was issued relying on the Govt. Resolution dated 13/10/2006. The respondent no. 3 thereafter cancelled the kerosene retail licence of the petitioner on the count that petitioner being a Police Patil is a Govt. servant and not entitled for licence of kerosene retail shop.

4. The petitioner being aggrieved by order of respondent no. 3 filed Appeal before the Commissioner [Supply]. The Commissioner [Supply] dismissed the said Appeal. The petitioner preferred Revision before the Hon’ble Minister. The Hon’ble Minister dismissed the Revision. Aggrieved thereby the present Writ Petition is filed.

5. Mr. Choudhari, learned counsel for the petitioner submits that the Govt. Resolution dated 13/10/200



































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