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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ROHIT W. JOSHI
Nandkishor Onkar Mawaskar – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
ROHIT W. JOSHI, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Advocates for the parties.
2. By the present petition, the petitioners challenge the order dated 19/07/2021, passed by the Hon’ble Minister, Department of Food Civil Supplies and Consumer Protection, Government of Maharashtra in Case No. oSvv 1421@Á-d- 59 uk-iq- 23-
3. Respondent No.5 is authorized to run fair price shop at village Tembli Tah. Dharni, District Amravati. The petitioners/complainants are the cardholders attached to the fair price shop of respondent No.5. The petitioners/complainants had lodged complaint with respect to functioning of the fair price shop of the respondent No.5. On the complaint made by the petitioners, the District Supply Officer constituted Enquiry Committee for holding enquiry into the allegations levelled by the petitioners/complainants. The Enquiry Committee submitted report dated 14/12/2020 to the respondent No.3. Respondent No.3 called explanation of respondent No.5, in view of adverse report furnished by the Enquiry Committee. Respondent No.5 submitted his explanation disputing the findings by the Enquiry Committee. After hearing the
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.
The main legal point established in the judgment is that the licensee of a fair price shop is required to strictly adhere to the terms and conditions of the license and the provisions of the Control ....
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.
The main legal point established in the judgment is the requirement for authorities to remand a matter for reconsideration after setting aside orders on technical grounds.
Point of law: Only aggrieved person, who has participated in the process of allotment of fair price shop can file appeal.
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....
Suspension of fair price shop authorization requires adherence to principles of natural justice, including proper enquiry and reasoned decisions.
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