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2013 Supreme(Bom) 521

S.S.SHINDE
Nagorao Parshuram Sugave – Appellant
Versus
State of Maharashtra Through its Secretary, Food, Civil Supply and Consumer Protection department – Respondent


Advocates Appeared:
For the Petitioners:A.N. Nagargoje, Advocate.
For the Respondents:R1 to R5, K.J. Ghute Patil, AGP, R6, Mrs. M.A. Kulkarni, Advocate.

Judgment :

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

2. This petition takes exception to the order date 06.06.2012, passed by the Minister for Food, Civil Supply and Consumer Protection, Maharashtra State, Mantralaya, Mumbai in Revision No. VAM-1011/P.K.302-11/N.P. 21.

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

a) The petitioners herein are the card holders of the fair price shop of respondent No.6 and on the basis of the complaints made by the petitioners and other villagers, the licence to run the said fair price shop has been cancelled. The said fair price shop was allotted in favour of respondent No.6 for village Ghungrala. The card holders from village Wanjarwadi were also attached to the shop of respondent No.6 for some period.

Respondent No.6 was selling the food grains at higher rate and was giving less quantity of food grains to the card holders. He was also selling the food grains and kerosene in black market. Therefore, the petitioners and other card holders made complaints against respondent No.6 to the respondent authorities.

b) The Tahsildar, Umr































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