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2013 Supreme(Bom) 532

S.S.SHINDE
Sudam s/o Kesu Pawar – Appellant
Versus
State of Maharashtra, Through Hon’ble Minister, (Food, Civil Supply and Consumer Protection) Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:G.N. Chincholkar, Advocate.
For the Respondents:R1 to R3, K.J. Ghute Patil, AGP, R4, M.S. Indani, Advocate.

Judgment :

1. Rule. Rule made returnable forthwith. By consent, heard finally.

2. This petition takes exception to the order date 31.10.2007, passed by the Minister for Food, Civil Supply and Consumer Protection, Maharashtra, State, Mantralaya, Mumbai in Revision No. VAM-1606/1595/PK 2061/N.P.21.

3. The background facts, which lead to institute the present writ petition, as disclosed in the petition, in nutshell, are as under:-

a) The petitioner is the card holder of the fair price shop of respondent No.4 situated at village Yawal Pimpri, Tanda No.1, Tq. Ghansawangi, District Jalna. The villages attached to the shop of respondent No.4 made complaint stating there he is selling the goods at higher price than prescribed by the Government and not making entires on their card. It was also stated that respondent No.4 was distributing the kerosene in less quantity then they are entitled.

b) On the basis of the said complaint, Vibhagiya Dakshata Pathak, Aurangabad visited the shop of respondent No.4 and inspected the same. On making enquiry, there were irregularities in 7 in numbers found. The said Pathak accordingly had submitted its report to the Deputy Commissioner (Supply) Aurangaba





















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