2026:BD siHi g g n it e a dCl l b y y-AS:2992-DB 8-LPA-213-2012 (C)1.DOC KAWRE K K A IR W A R N E KIRAN KALYAN KALYANDate:

2026.01.21 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 213 OF 2012 IN WRIT PETITION NO. 8521 OF 2012 Jagruti Mahila Bachat Gat Devnar Municipal Colony, Building No.21 Govandi, Mumbai – 400 043 ...Appellant Versus

1. The Deputy Controller, Rationing Department State of Maharashtra

2. The Bombay Municipal Corporation Fort, Mumbai

3. The State of Maharashtra, Department of Food Civil Supply and Consumer Protection Mantralaya, Mumbai

4. Priyanka Mahila Sausahayta Bachat Gat, Hari Om Kirana Stores, 22/BSH, 14, MULP Project, Building 23/14, Lalubai Compound, Tata Nagar, Mankurd, Village Gowandi, Mumbai

5. Omkar Sausahayta Mahila Bachat Gat Matang Rushi Nagar, Samarthwadi, Mankurd, Mumbai – 400 043

6. Rami Laxmi Mahila Bachat Gat Omkar Co-operative Housing Society Building No.3, Room No.201, New R. N. Park, Madha Colony, Vashi Naka Chembur, Mumbai – 74. ...Respondents _________

Ms. Smita Mane for Appellant.

Ms. Neha Bhide, GP a/w Mr. O. A. Chandurkar, Addl. G. P. and Ms. R. A.

Salunke, AGP for State.

__________

CORAM: G. S. KULKARNI &

AARTI SATHE, JJ.

DATE: 16 JANUARY 2026 Oral Judgment :- (Per G. S. Kulkarni, J.)

1. This Letters Patent Appeal is directed against an order dated 6 September 2012 passed by the learned Single Judge, whereby the Writ Petition filed by the appellant – petitioner challenging the order passed by the Revisional Authority / the Hon’ble Minister, [for Food and Civil Supply and Consumer Protection, Government of Maharashtra dated 23 August 2012], quashing and setting aside the allotment of a ration shop in favour of the petitioner, came to be partly allowed in terms of the following operative directions:

“10. As a result of the above discussion, the Writ Petition is allowed in part. While the decision of the Minister to set aside, the allotment in favour of the petitioner is maintained, the order passed by him is set aside to the extent of the granting the authorization in favour of the Respondent No.4. It is not possible to agree with Mr. Joshi that the petitioner having commenced the shop, he must be allowed to continue till further arrangements are made. That will be putting a premium on the illegal act.”

2. The facts lie in a narrow compass. Respondent No.1 had issued an advertisement for allotment of ration shops for women's self-help groups. One of the conditions for allotment, as set out in the advertisement dated 6 October 2010 was to the effect, that the applicant has requisite premises available which were inter alia of a minimum area of 100 sq. ft., and in the event, such premises are taken on leave and license, a registered agreement to that effect for a period of five years was the requirement.

3. It is the case of the appellant - petitioner that it was registered in June 2004 under the Societies Registration Act, 1860 and, hence, it was eligible for making an application as it had obtained the requisite premises on leave and license as also it had a bank account with the requisite amounts and also a shop and establishment license was issued to the appellant in the year 2010. The appellant accordingly made an application for allotment of a ration shop under the said advertisement on 10 November 2010. The process of allotment, however, was delayed and as no decision was coming forth, the appellant approached this Court by filing Writ Petition 1703 of 2012, which came to be disposed of by an order dated 3 April 2012, whereby this Court directed the authorities to expeditiously decide the appellant’s pending application for allotment of a ration shop under the said advertisement.

4. It is appellant’s case that Respondent No.1 considered the appellant’s application on its merit and issued an allotment order dated 4 May 2012. It is the appellant’s case that on 7 May 2012, the appellant immediately made an application for change of address of