CHAYA JAGAN KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mrs.M.P.Thakur, learned AGP waives service on behalf of Respondent Nos.1 to 3. Mr.Aiya, learned counsel waives service on behalf of Respondent No.4. By consent of the parties, Rule is made returnable forthwith and heard finally.

(2.) By this petition under Article 226 and 227 of the Constitution of India, the petitioner has prayed for quashing and setting aside (i) the Government Order dated 4.7.2007 thereby amending clause 30 of the Maharashtra Scheduled Food Grain Rationing (Second) Order, 1966 (for short the "Order"), (ii) the Government Resolution dated 3.11.2007 issued by the State of Maharashtra and (iii) the Judgment and Order dated 1.11.2010 passed by the Minister for Food, Civil Supplies and Consumer Protection Department, State of Maharashtra, in Review Petition thereby cancelling the ration shop allotted to the petitioner earlier by the then Hon'ble Minister for Food, Civil Supplies and Consumer Protection, and further alloted the same to the Respondent No.4. The facts and circumstances, giving rise to the filing of the present petition, briefly stated are as under:-

(3.) The Controller of Rationing and the Director of Civil Supplies, Mumbai gave advertisement on 4.2.2008 inviting applications from the interested self-help groups, individual applicants and the consumer co-operative societies in respect of allotment of new ration shops at 289 locations. These locations became available at Mumbai/Thane region on account of surplus units in the existing rations shops, as also due to closer of some rationing shops. The last date for submitting applications was 15.3.2008. The controversy in the present petition relates to the Item No.141/08, Building No.11, Sangharsh Nagar, Chandivali. The said item was reserved for exclusively individual women.