BHAGWAN BHUDHAJI KANDARE Vs. G S KOLAMBE TAHSILDAR

JUDGEMENT

(1.) The two petitions are directed against the orders of the Tahsildar, Jalgaon, dated 24th May, 1975, under which "the Fair Price Shop" belonging to the petitioners have "been suspended till further Orders". The petitioner in Special C.A. No. 1223 of 1975 was permitted to run "the Fair Price Shop" by an order of the Collector, Jalgaon, dated 14th July, 1970. While the petitioner in Special C.A. No. 1224 of 1975, claims to have been an authorised to run the fair price shop by an order dated 20th October, 1964. It is not however, in dispute that an authorisation as contemplated under Clause 2-A of 1968 Order, was also issued in the name of both the petitioners under the Maharashtra Scheduled Articles (Regulation of Distribution by Card System) Order, 1968, (hereinafter referred to as "the 1968 Order"). It is not in dispute that such an authorisation can only be granted under 1968 Order, to the retail dealer having a licence granted under the Maharashtra Food Grains Dealers Licensing Order, 1963, (hereinafter referred to as "the Licensing Order, 1963).

(2.) It appears that there was a police raid on the house of one Padmakar Wani at about 2-30 p.m. on 20th May, 1965. 35 bags of wheat were recovered from the house of the said Padmakar Wani. On the earlier day, i.e. on 19th May, 1965, 15 bags of wheat were delivered to each one of these "Fair Price Shops". In terms of the authorisation, the wheat could have been stored only at the shops premises. After seizure of the said 35 bags of wheat, arrest of Padmakar Wani and representative of the other shop, and further investigation the police seems to have instituted prosecutions against both the salesmen. The Tahsildar was apprised of this. It is on the strength of this material that the Tahsildar seems to have passed the impugned orders against both the holders of these "Fair Price Shops".

(3.) Mr. Rijhwani the learned Advocate for the petitioners, raised several contentions in support of these petitioners. His first contention is that the impugned orders seek to cancel the licence obtained by the petitioners under the 1963 Order. The said 1963 Order enabled all licence dealers such as the petitioners to change the godown or place of storage and then to make an application later for effecting a change in the location of the godown intended for storing the food grains so obtained, within 48 hours from the time when the goods or the articles were actually received by the shopkeepers The wheat in the present case was delivered to the petitioners at about 7-30 p.m on 19th May, 1975, and both the petitioners claim to have already made the applications to the Tahsildar at 11-00 a.m. on 20-5-75, intimating the change of the places of storing the grains as the shops in dispute were unable to accommodate the wheat so delivered to them on the earlier day. It was made clear therein that wheat was stored at the house of Padmakar Wani instead to in the shop.