IN THE HIGH COURT OF BOMBAY
Sandeep V.Marne, J.
Yedage Vishnu Baba - Appellant
Versus
State of Maharashtra - Respondent
Writ Petition No. 13552 of 2018, Writ Petition No. 13536 of 2018
Decided On : 05-10-2023
REVIEW - Ministerial Powers - Maharashtra Essential Commodities Retail Dealers License Rules, 1979, Rule 16 - The court discussed the powers of review and revision conferred upon the Minister under Rule 16 of the Maharashtra Essential Commodities Retail Dealers License Rules, 1979. It highlighted that the Minister's review must be based on specific grounds such as discovery of new evidence, error apparent on the record, or other sufficient reasons. The court found that the Minister exceeded his jurisdiction by reviewing his own order without establishing any of these grounds, leading to the conclusion that the review was impermissible and the original order should stand.
Fact of the Case:
The Petitioner, who operated a Fair Price Shop and held a Kerosene distribution license, faced complaints regarding illegal operations and discrepancies in service. Following inspections and subsequent orders from the District Supply Officer, the Petitioner’s licenses were suspended. After a series of appeals and revisions, the Minister restored the licenses with conditions. However, a review petition by the complainants led to the Minister setting aside his earlier order, prompting the Petitioner to challenge this review.
Finding of the Court:
The court found that the Minister improperly exercised his review powers by not adhering to the required grounds for review. The Minister's actions were deemed as exceeding jurisdiction, as he did not demonstrate any error in the previous order or new evidence warranting a review.
Issues: Whether the Minister had the authority to review his own orders without new evidence or an apparent error in the record.
Ratio Decidendi: The court established that the power of review under Rule 16 of the Maharashtra Essential Commodities Retail Dealers License Rules, 1979, is limited to specific grounds. The Minister's failure to provide a valid basis for the review rendered the subsequent order unsustainable.
Final Decision: The court set aside the Minister's order dated 26/10/2018 and upheld the earlier order dated 09/1/2018, restoring the Petitioner’s licenses.
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 in respect of Kerosene license issued to the Petitioner. The complaint in respect of Fair Price Shop was forwarded to Inspector-Pandharpur who conducted inspection and found certain discrepancies. Based on the observations made in the Inspection Report, the District Supply Officer, Solapur passed order dtd. 4/3/2015 suspending Petitioner's license of Fair Price Shop. Similarly in respect of Kerosene license, Tehsildar Pandharpur conducted site inspection on 26/2/2015 and observed certain discrepancies. The District Supply Officer passed order dtd. 3/3/2015 suspending the Kerosene license of Petitioner.
4. Aggrieved by the orders passed by the District Supply Officer, Petitioner filed Revision Application Nos.5 of 2015 and 06 of 2016 before Deputy Collector (Supply) Pune. The Deputy Collector (Supply) was pleased to stay the order passed by the District Supply Officer during pendency of the Revision Application. Thereafter the Deputy Collector (Supply) Pune passed order dtd. 23/9/2015 partly allowing the Revision Application No.6 of 2015 and set aside the order passed by the District Supply Officer Solapur and remanded proceeding to District Supply Officer for issuance of fresh show cause notice. The stay order earlier granted was directed to be continued. Similarly, in Revision Application No.5 of 2015 relating to Kerosene license, the Revision was partly allowed, setting aside the order of the District Supply Officer and remanding the proceedings for fresh decision by the District Supply Officer.
5. Accordingly, the Supply Inspecting Officer conducted inspection of the shop on 20/2/2015 and submitted report. On the basis of that report, Notices dtd. 26/11/2015 and 5/11/2016 were issued to Petitioner calling upon him to explain as to why his license of Fair Price Shop and Kerosene should not be cancelled. After hearing Petitioner, the District Supply Officer passed orders on 26/2/2016 and 18/2/2016 cancelling the licences of Fair Price Shop and Kerosene.
6. Petitioner filed Revision Application No.8 of 2016 and 9 of 2016 before the Deputy Collector (Supply). The revisions were however rejected by the order dtd. 16/5/2017.
7. Petitioner thereafter preferred revision before the Minister- Food, Civil Supply and Consumer Protection. The Minister was pleased to pass common order dtd. 09/1/2018 setting aside the order passed by the District Supply Officer and Deputy Collector (Supply). Costs of Rs.10000.00 each were imposed in both the proceedings against Petitioner. The District Supply Officer, Solapur was directed to conduct enquiry as to whether Petitioner supplied food grains and Kerosene to the card holders as per prescribed rates and in the event it being found that Petitioner committed misappropriation of food grains or Kerosene, value thereof be r

Moran Mar Basselios Catholicos v. Most Rev. Mar Poulose Athanasius
Sarla Mudgal, President, Kalyani v. Union of India
AI
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.
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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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