SANGITA W/O VASANTRAO ZALTE Vs. THE HONBLE MINISTER (FOOD, CIVIL SUPPLY AND CONSUMER PROTECTION), MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The petition is heard finally at the stage of admission with the consent of the learned Counsel for the parties.

(2.) By this petition, the petitioner challenges the order of the respondent no.1 - Hon'ble Minister for Food, Civil Supply and Consumer Protection, dated 23.3.2015 directing that the retail kerosene licence/outlet be granted in favour of the respondent no.4.

(3.) Shri Kalwaghe, the learned Counsel for the petitioner submitted that the Hon'ble Minister could not have passed an order that was more prejudicial to the petitioner than the order of the Additional Commissioner (Supply) that was challenged by the petitioner before the Hon'ble Minister. It is submitted that the petitioner could not have been penalized for approaching the Revisional Authority against the order of the Additional Commissioner (Supply) directing the Tahsildar to issue a fresh proclamation. It is stated that at the most, the revision filed by the petitioner could have been dismissed by the Hon'ble Minister but an order directing the District Supply Officer to issue the licence in favour of the respondent no.4 could not have been passed.