LAWS(BOM)-2013-12-87

SHAIKH SALIMODDIN SHAIKH SHAMSODDIN Vs. STATE OF MAHARASHTRA

Decided On December 20, 2013
Shaikh Salimoddin Shaikh Shamsoddin Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. Heard with the consent of the parties.

(2.) THIS Writ Petition is filed challenging the order dated 18th August, 2004 passed by respondent No.2 - the Hon'ble Minister, Food, Civil Supply and Consumer Protection Department, Mantralaya, Mumbai in Revision Application No. oSve&1604@1168@iz -dz -837@uk -iq -@21 thereby, directing the authorities to restore the licenses of Fair Price Shop Nos. 73, 77 and 78 In Short, FPS Nos. 73, 77 & 78.) in favour of Respondent No.6 Society.

(3.) IT is case of the Petitioner that, after a period of 20 years, i.e. on 29th September, 2003, Resp.No.6 - Society submitted an application before the District Supply Officer and requested to re -grant licence of FPS Nos. 73, 77 and 78 in its favour. On 7th November, 2003, said authority has refused to consider the said request. On 19th January, 2004, Resp.No.6 - Society filed Revision before the Dy.Commissioner Supply) Aurangabad without joining / impleading the present Petitioner as a party - respondent. It is case of the Petitioner that, by way of temporary arrangement, the concerned authority granted FPS No.77 in favour of Resp.No.6 - Society. Being aggrieved by the said order, the Petitioner had instituted Regular Civil Suit No.238 Of 2004 in the Civil Court, Senior Division, Aurangabad for perpetual injunction restraining Respondent No.6 Society from dispossessing him from FPS No.77 and inter alia, filed an application Exh.No.5 for grant of temporary injunction. The learned Civil Judge, Senior Division, Aurangabad by his order dated 4th February, 2005 temporarily restrained respondent No.6 Society from dispossessing the Petitioner from FPS No.77. However, in CRA No.10/2006 an objection was raised in respect of maintainability of said Civil Suit. It is further case of the Petitioner that, the learned Civil Judge, Senior Division, Aurangabad dismissed Regular Civil Suit No.238/05 instituted by Petitioner. Thereafter, being aggrieved and dis -satisfied by said order, the petitioner preferred Regular Civil Appeal No.102 Of 2011 in the District Court, Aurangabad. Subsequently, on 21st November, 2011 he filed withdrawal pursisand withdrew the said Regular Civil Appeal.