YEDAGE VISHNU BABA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of parties petition is taken up for final hearing and disposal.

(2.) By This petition, Petitioner challenges order dtd. 26/10/2018 passed by the Minister- Food, Civil Supply and Consumer Protection. By that order, the Minister has set aside his earlier order dtd. 9/1/2018, the order of District Supply Officer Solapur dtd. 18/2/2016 and order of Deputy Commissioner (Supply) Pune dtd. 16/5/2017. The proceedings have been remanded to the Deputy Commissioner Pune for conducting a detailed enquiry.

(3.) Facts of the case are that Petitioner has been allotted Fair Price Shop at village Tanhali, Tal. Pandharpur Dist. Solapur and he is also issued license of Kerosene distribution since 2001. Respondent No.7 and 8 filed a complaint on 26/12/2014 alleging that the Petitioner had illegally shifted Fair Price Shop outside the village without taking permission of the Competent Authority. It was also contended that the shop was unclean, and rates of the Kerosene were not displayed. Petitioner was also accused of supplying food grains in laser quantity to the customers by charging extra amount. Similar complaint was also filed in respect of Kerosene license issued to the Petitioner. The complaint in respect of Fair Price Shop was forwarded to Inspector-Pandharpur who conducted inspection and found certain discrepancies. Based on the observations made in the Inspection Report, the District Supply Officer, Solapur passed order dtd. 4/3/2015 suspending Petitioner's license of Fair Price Shop. Similarly in respect of Kerosene license, Tehsildar Pandharpur conducted site inspection on 26/2/2015 and observed certain discrepancies. The District Supply Officer passed order dtd. 3/3/2015 suspending the Kerosene license of Petitioner.