LAWS(BOM)-2008-8-596

CHANDRAKANT S/O SAMPATRAO BORADE Vs. MINISTER

Decided On August 26, 2008
Chandrakant S/O Sampatrao Borade Appellant
V/S
Minister Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Rule. By consent of the learned counsel for the parties rule made returnable forthwith and taken up for final hearing.

(3.) The petitioners are challenging the order dated 29th August 2007 passed by the Minister, Food, Civil Supplies and Consumer Protection, Maharashtra State, Mumbai. The petitioners are complainants on whose complaint proceedings were initiated against respondent No.4 - a licence holder, permitted by the State Government to run a fair price shop. After conducting certain enquiries the District Supply Officer Jalna by an order dated 10-1-2004 cancelled the licence granted in favour of respondent No.4. The respondent No.4 filed a revision petition before the Deputy Commissioner (Supply) Aurangabad. By judgment and order dated 17-3-2005 the Deputy Commissioner (Supply) Aurangabad quashed and set aside the order of the District Supply Officer and remanded the matter to the District Supply Officer for fresh enquiry. Petitioner No.1 - complainant dissatisfied with the order of the Deputy Commissioner preferred a revision petition before the Minister. By an order dated 29th August 2007 the Minister rejected the revision petition but on certain conditions permitted respondent No.4 to run the fair price shop. Under the impugned order the Minister even set aside the judgment and order dated 17-3-2005 passed by the Deputy Commissioner (Supply) Aurangabad and the order dated 10-11-2004 passed by the District Supply Officer Jalna.