2024:BHC-AS:30950-DB AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13546 OF 2023 Creative Consumers Cooperative Society Ltd., A society registered under the MCS Act Registration No.Bom/Con/481/80, having office at Shop No.2, Building No.4, Vhatuk Nagar, Amboli, Andheri (W), Mumbai 400 058.

Through its Authorised Ds Ai Tigg Unite Ladl byy Representative AGTAUNLESH GKUANLKEASRHNI KULKARNID2 10 4a2 :t 3e4 9:.0 :18 1.05 Mr. Rakesh Ramchandra Mehata … Petitioner +0530 V/s.

1.The District Collector, Nashik Collector Office, Old CBS Nashik 422 002.

2.The District Supply Officer District Supply Officer, Nashik Office of District Collector (Supply Department) Nashik Old Mumbai – Agra Road, Near Bus Stand, Tal. & District Nashik 422 002.

3.State of Maharashtra …Respondents WITH WRIT PETITION NO.14558 OF 2023 WITH INTERIM APPLICATION (ST.) NO.20869 OF 2024 Ramesh Panchan Gada Shah Age: 60 years, Occ; Business Address office at Shop No.2, Building No.4, Vahatuk Nagar, Amboli, Andheri (W)

Mumbai 400 058. … Petitioner V/s.

1.The State of Maharashtra Through Secretary, Food, Civil Supplies and Consumer Protection Department, Mantralaya, Mumbai – 400 032.

2.The District Collector, Nashik Collector Office, Old CBS Nashik 422 002.

3.The District Supply Officer, District Supply Officer, Nashik Office of District Collector (Supply Department) Nashik Old Mumbai – Agra Road, Near Bus Stand, Tal. & District Nashik 422 002.

4. Chagan Bhujbal At Post Yeola, Taluka Yeola District Nashik Also Dr. Dabholkar Marg, Malbar Hill Mumbai 400 006.

5.Creative Consumers Cooperative Society Ltd., (Society Registered u/s MCS, Act)

Registration No.Bom/Con/481/80 having office at Shop No.2, Building No.4, Vahatuk Nagar, Amboli, Andheri (W), Mumbai 400 058. … Respondents Mr. Anil Singh, Senior Advocate with Mr. Rohan Kadam i/by Siddharth R. Karpe and Mr. Ketan Joshi and Mr. Adarsh Vyas for the petitioner in WP/13546/2023.

Mr. Ravi Kadam, Senior Advocate with Mr. Rohan Kadam i/by Mr. Vishwajeet V. Mohite for the petitioner in WP/14558/2023.

Mr. Anil Singh, Senior Advocate with Mr. Rohan Kadam i/by Siddharth R. Karpe and Mr. Ketan Joshi and Mr. Adarsh Vyas for respondent No. 5 in WP/14558/2023.

Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Additional Government Pleader and Ms. G. R. Raghuwanshi, AGP for respondent Nos.1 to 3 in both matters.

CORAM : DEVENDRA KUMAR UPADHYAYA, CJ &

AMIT BORKAR, J.

RESERVED ON : JULY 24, 2024 PRONOUNCED : AUGUST 5, 2024 ON JUDGMENT: (Per Amit Borkar, J.)

1. Rule. By consent of counsel for the parties and at their request, both the writ petitions were taken up for final hearing.

2. Both these writ petitions have been set down for hearing together at the request of counsel as both involve common question of law and fact. In Writ Petition No.14558 of 2023, which came to be argued as a lead petition, the petitioner seeks to challenge the decision dated 10 November 2023 cancelling agreement and tender process granting work order for transportation of ration food grains to fair price shops under the target-oriented public distribution system. Petitioner also seek a declaration that agreement dated 28 July 2023 entered into with the petitioner by the respondents is in force and a further direction to issue work order/delivery orders in pursuance of agreement dated 28 July 2023.

3. In Writ Petition No.13546 of 2023, the petitioner/society seeks relief in the form of a direction to Respondent Nos.1 and 2 to issue a work order as per representations dated 18 September 2023 and 16 October 2023.

4. In order to appreciate the factual background, some facts can be culled out from Writ Petition No.14558 of 2023. For the sake of convenience, the parties are referred to as they are arrayed in Writ Petition No.14558 of 2023.

5. The petitioner is the Chairman of Respondent No.5 – cooperative society, who has filed the writ petition in a representative capacity on behalf of Respondent No. 5 – society. Respondent No.1