Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ROHIT W. JOSHI
Nandkishor Onkar Mawaskar – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge to orders regarding fair price shop (Para 2 , 3 , 4 , 5) |
| 2. locus standi of petitioners to file petition (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's analysis of jurisdiction and findings (Para 12 , 13 , 14 , 15 , 16) |
| 4. conclusion and order on petition (Para 17 , 18) |
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 Co
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
