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SANDEEP V. MARNE
Yedage Vishnu Baba – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. Rule. Rule is made returnable forthwith. With the consent of parties petition is taken up for final hearing and disposal.
2. By This petition, Petitioner challenges order dtd. 26/10/2018 passed by the Minister- Food, Civil Supply and Consumer Protection. By that order, the Minister has set aside his earlier order dtd. 9/1/2018, the order of District Supply Officer Solapur dtd. 18/2/2016 and order of Deputy Commissioner (Supply) Pune dtd. 16/5/2017. The proceedings have been remanded to the Deputy Commissioner Pune for conducting a detailed enquiry.
3. Facts of the case are that Petitioner has been allotted Fair Price Shop at village Tanhali, Tal. Pandharpur Dist. Solapur and he is also issued license of Kerosene distribution since 2001. Respondent No.7 and 8 filed a complaint on 26/12/2014 alleging that the Petitioner had illegally shifted Fair Price Shop outside the village without taking permission of the Competent Authority. It was also contended that the shop was unclean, and rates of the Kerosene were not displayed. Petitioner was also accused of supplying food grains in laser quantity to the customers by charging extra amount. Similar complaint was also filed
The Minister's power to review his own orders is restricted to specific grounds, and failure to meet these grounds invalidates the review process.
The Revisional Authority must record positive findings on legality and propriety; otherwise, quashing an order is jurisdictionally unsustainable.
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.
A complainant has no right to file a revision petition under section 22A of the Rajasthan Foodgrains & Other Essential Articles (Regulations of Distribution) Order, 1976.
Review applications cannot substitute appeals and must adhere to strict limitations, focusing solely on apparent errors without introducing new arguments or counsel.
The court upheld the cancellation of the petitioner’s fair price shop license due to violations of the Essential Commodities Act, confirming the necessity of a reasonable opportunity to be heard.
Point of law: Suspension and cancellation order - Powers of District Supply Officer to pass suspension and cancellation order in given entire district are unfettered and he is not required to take pr....
The judgment established that a summary inquiry for the cancellation of a fair price shop license does not require the supply of the inquiry report to the licensee or a detailed hearing, and that the....
Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority or a Court or administrative authority is mandatory. In the absence of r....
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