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N. J. JAMADAR
Ravindra Arvind Bande – Appellant
Versus
Vijaya Manohar Bande – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith and with the consent of the learned Counsel for the parties heard finally.
2. These petitions under Article 227 of the Constitution of India assail the legality, propriety and correctness of a common order dated 14th January, 2022 passed by the Joint Director (Marketing) Maharashtra State, Pune, purportedly under Section 52B of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (“the Act, 1963”), whereby and whereunder the appeals preferred by the petitioner challenging the cancellation of the licence granted to the petitioner in respect of a Stall bearing No.124 situated at Chhatrapati Shivaji Maharaj Market Yard, Gultekdi, Pune and the issue of the licence to respondent Nos.1 and 2, in respect of the very same Stall by the Market Committee, came to be dismissed.
3. Background facts necessary for determination of these petitions can be stated in brief as under:
The subsequent allottee has the right to hold the shop only if the original licensee's license is cancelled. Procedural compliance and consideration of documentary evidence over oral statements are c....
The rejection of a trading license application must be based solely on the criteria specified in the governing statutes, and cannot be influenced by unrelated financial obligations of family members.
Cancellation of administrative allotment without notice violates principles of natural justice, necessitating fair procedures even in the absence of explicit statutory requirements.
The court affirmed the statutory liability to collect market fees, rejecting injunctions against enforcement as inconsistent with prior Supreme Court rulings.
The cancellation of a fair-price-shop license is invalid if the authority that conducted the inquiry also decides the merits of the case, violating procedural requirements.
Locus standi of the petitioner and the interpretation of statutory provisions were central to the court's decision.
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