2013 Supreme(Bom) 521
In the High Court of Bombay at Aurangabad
S.S. SHINDE, J.
Nagorao Parshuram Sugave & Another
Versus
The State of Maharashtra Through its Secretary, Food, Civil Supply and Consumer Protection department & Others
Writ Petition No. 4691 of 2012
Decided on : 05-03-2013
For the Petitioners:A.N. Nagargoje, Advocate.
For the Respondents:R1 to R5, K.J. Ghute Patil, AGP, R6, Mrs. M.A. Kulkarni, Advocate.
Headnote:Essential Commodities Act (1955), S.3–Maharashtra Scheduled Commodities (Regulation of Distribution) Order (1975), Cl.24(2) – Deficiencies in Fair price shop–Fine was imposed but permission was granted to run fair price shop – Finding is against interest of cardholders – Respondent Minister exceeded powers while exercising revisional jurisdiction – Order quashed. (Paras 11, 12)
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, Umri, District Nanded conducted enquiry and submitted his report on 1.7.2009 to the District Supply Officer, Nanded and accordingly acting upon the said report, the District Supply Officer, suspended the authorization of fair price shop of respondent No.6.
c) Being aggrieved and dissatisfied with the order passed by the District Supply Officer, Nanded, dated 1.12.2009, respondent No.6 preferred revision before the Deputy Commissioner (Supply), Aurangabad Division, Aurangabad. In the said revision, the petitioners and other card holders made an application and prayed for dismissal of the revision filed by respondent No.6. Respondent No.3 by his order dated 15.5.2010, allowed the revision partly and remitted the matter back to respondent No.4 for fresh decision. It is the case of the petitioners that the said enquiry is still pending and no fresh decision has been taken by the respondent No.4 in pursuance to the order dated 15.5.2010 passed by respondent No.3.
d) It is further case of the petitioners that thereafter also, respondent No.6 continued his illegal activities and continued to sell the food grains and kerosene at higher rate. Respondent No.6 was used to distribute less quantity of food grains and kerosene to the concerned card holders, including the petitioners. The petitioners and other card holders made complaint on 29.12.2009 to the concerned authorities and requested to take appropriate action against respondent No.6. One of the card holders, also made complaint dated 5.1.2010 stating therein that respondent No.6 has lifted quota for the month of December and the same was not distributed to the card holders and the same was retained by him for selling the same in the black market. It is further case of the petitioners that the Tanta Mukti committee has also passed resolution resolving therein that respondent No.6 was not distributing the food grains and was indulged in various illegalities and therefore, the fair price shop should not be continued with respondent No.6. It is further case of the petitioners that inspite of making several complaints to the respondent authorities, no action was taken by the authorities and therefore, again on 10.1.2011, the petitioners as well as other card holders made complaints to the Tahsildar as well as to the District Supply Officer alleging therein that the respondent No.6 is selling kerosene in black market and because of which, the card holders are not getting kerosene and the food grains.
e) It is further case of the petitioners that because of illegal activities of respondent No.6, as stated herein above, on acting secret information, the police authority had raided the said premises and seized a quota of kerosene from respondent No.6 and one another person. Accordingly crime bearing No. 1 of 2011