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2013 Supreme(Bom) 2562

S.S.SHINDE
Shaikh Salimoddin Shaikh Shamsoddin – Appellant
Versus
State of Maharashtra, Through Its Principal Secretary, Food, Civil Supply and Consumer Protection Department – Respondent


Advocates appeared:
For the Petitioner:R.T. Nagargoje, Advocate.
For the Respondents:R6, Pravin Dighe, Advocate, G.K. Thigle-Naik, A.G.P.

Judgment

1. Rule. Rule made returnable forthwith. Heard with the consent of the parties.

2. This Writ Petition is filed challenging the order dated 18th August, 2004 passed by respondent No.2 - the Hon'ble Minister, Food, Civil Supply and Consumer Protection Department, Mantralaya, Mumbai in Revision Application No. oSve&1604@1168@iz-dz-837@uk-iq-@21 thereby, directing the authorities to restore the licenses of Fair Price Shop Nos. 73, 77 and 78 in Short, FPS Nos. 73, 77 & 78.) in favour of Respondent No.6 Society.

3. It is case of the Petitioner that, Resp.No.6 - Society was allotted FPS Nos. 73, 77 & 78 but, subsequently because of economical difficulties and mis-management, Resp.No.6 - Society was unable to run the same. Accordingly, Resp.No.6 - Society had passed a Resolution and decided not to run the Society and also agreed to grant licenses in favour of its Salesmen. The Petitioner was one of the Salesman of Shop No.77 of Resp.No.6 – Society. As such, FPS No.77 was allotted to the Petitioner. Respondent No.6 had submitted an application before the learned District Collector, Aurangabad and requested to allot FPS No.77 in favour of the Petitioner. On 21st September, 1984, Resp.



















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