PRATAP MITRA MANDAL Vs. ADDITIONAL COMMISSIONER PUNE

JUDGEMENT

(1.) BY this petition, under article 226 of the Constitution, the Petitioner seeks to challenge the order dated 25th October, 1987 passed by the Minister of State for Food and Civil Supplies, Government of Maharashtra directing the cancellation of the allotment of the Fair Price Shop to the Petitioner Society and further directing the allotment of the said shop in favour of Respondent No.2.

(2.) BRIEFLY the facts are that the Food Grain Distribution Officer, Pune, published an advertisement inviting applications for allotment for running a Fair Price Shop. Accordingly, the Petitioner society made an application on 20th February, 1985. Apart from the Petitioner, 8 other applications were received. It seems that the Food & Civil Supplies Department has adopted a policy for allotment of the Rationing shop by its Resolution bearing No.PDS/1080/2455/PDS dated 23rd December, 1980. The said Resolution lays down the conditions for allotment of rationing shop. The said conditions in nut shell are that the applicant's financial strength, administrative capacity, efficiency of staff and best place as per the local conditions for conducting the Fair Price Shop, to be fulfilled. It has also been laid down in the said Resolution that while authorising Fair Price Authorised Rationing Shop, priority to the convenience of the card holders should be given. It is also required to be stated at this stage that the Government has fixed priorities in the matter of allotment of the Fair Price Shop, and under the said policy, the societies registered under the existing law are given a higher priority.

(3.) THE Respondent No.2 being aggrieved by the said order dated 9th January, 1986, filed Revision Application before the Additional Commissioner, Pune. The Learned Additional Commissioner, Pune, was pleased to dismiss the said Revision Application by his order dated 27th October, 1986.