SHIVAJI TULSHIRAM THAKRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, made returnable forthwith. Heard finally by consent of Shri Chopde, the learned counsel for the petitioner; Shri Kale, the learned AGP for respondent Nos.1 to 3; and Shri Navlani, the learned counsel for respondent No.4.

(2.) The challenge in this petition is to the order passed by the Minister, Food, Civil Supplies and Consumer Protection, in exercise of his power under clause 24(2) of the Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975 (for short, "the said Order") allowing the revision application and setting aside the order of cancelling the fair price shop licence by upholding the order passed by the District Supply Officer and restoring the licence by directing the payment of Rs.1,47,440/- towards the amount misappropriated and payment of fine of Rs.5,000/-.

(3.) The petitioner claims to be the resident and the card holder, who had filed a complaint against respondent No.4 about misappropriation of food-grains. The District Supply Officer, Buldana, decided the said complaint and imposed the punishment of forfeiture of security deposit only by an order dated 2-5-2009. The petitioner preferred an appeal against this order before the Deputy Commissioner (Supply), Amravati Division, Amravati, who has passed an order dated 14-7-2009, setting aside the order dated 2-5-2009 and cancelling the licence of fair price shop of the respondent No.4.