YOGESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard by consent of the parties.

(2.) The petitioners - card-holders of a fair price shop from village Kandari, Tq. Badnapur, Dist. Jalna have approached this Court challenging the order passed by the learned Minister (Civil Supplies and Consumer Protection) dtd. 12/4/2022, thereby the orders passed by the Dy. Commissioner (Supply) dtd. 21/10/2016 and District Supply Officer, Jalna (for short "the DSO") dtd. 20/5/2016 against respondent No.5 came to be set aside. Respondent No.5 is directed to pay Rs.5000.00 towards fine and on deposit of said amount the fair price shop is restored in his favour. He is further directed to give an undertaking that in-case she commits misconduct, she would be liable for the action as per law. The District Supply Officer is further directed to visit 10% of the card holders of the shop and make inquiry and take necessary action as per law.

(3.) The facts in short are that the petitioners happen to be card holders of the fair price shop run by respondent No.5. The villagers made representation to the Tahsildar that the shop is not being run properly. No food grains are distributed. The husband of the shop-keeper misbehaves with the ladies by using filthy language. An inquiry, therefore, was initiated. After the inquiry the allegations were found to be correct. On the basis of the inquiry report and the statements of the card holders, the District Supply Officer by order dtd. 20/5/2016 cancelled the licence in favour of respondent No.5. In a revision filed by respondent No.5, the Dy. Commissioner (Supply) passed an order and rejected the revision by order dtd. 21/10/2016. The respondent No.5, therefore, approached the learned Minister. The learned Minister, however, allowed the revision by order dtd. 12/4/2022. The petitioners are now before this Court against the order passed by the learned Minister.