GURUNATH KANHA BHAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THERE is no merit whatsoever in this petition filed under Article 226 of the Constitution to challenge the legality of order dated December 2, 1985 passed by the Deputy Secretary to the Government of Maharashtra, Food and Civil Supplies Department. Only few facts are required to be stated to appreciate how frivolous is the petition.

(2.) THE Controller of Rationing, Bombay had invited applications for a new authorised ration shop at village Kon, Taluka Bhivandi of Thane District. 3 applications were received and on scrutiny Smt. Mhatre was allotted the shop by the order dated July 27, 1984. The petitioner filed a revision before the Deputy Secretary to the Government to challenge allotment in favour of Smt. Mhatre. The Revision Application was allowed and the proceedings were remanded for fresh consideration. After holding a fresh enquiry, the Controller of Rationing allotted the shop to the petitioner by order dated June 13, 1985. Thereafter Smt. Mhatre preferred a Revision Application before the Deputy Secretary. The Deputy found that neither Smt. Mhatre nor the petitioner was entitled to the allotment and directed that fresh advertisement should be issued inviting applications. The order of the Deputy Secretary is under challenge.

(3.) ACCORDINGLY petition fails and rule is discharged with costs.