LAWS(BOM)-2008-9-3

JESAMAL ARJUNDAS MOTWANI Vs. STATE OF MAHARASHTRA

Decided On September 09, 2008
JESAMAL S/O ARJUNDAS MOTWANI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Returnable forthwith. Heard finally by consent of parties.

(2.) By this petition under Article 226 of the Constitution of India, the petitioners inter alia seek to quash communication dated 11.4.2008 (Annexure P-4 to the petition) issued by the Director, National Commission for Scheduled Castes, State Office (Maharashtra and Goa), Pune (R-3) to the Superintendent of Police, Gadchiroli (R-2) to re-investigate and to invoke the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in the event of prima facie case against the petitioners.

(3.) Petitioner no.1 is the President of Municipal Council, Desaiganj (District . Gadchiroli) and petitioner no.2 is his son. They hold semi wholesale dealer's licence in Desaiganj Taluka. There is another semi wholesale dealer for Desaiganj Taluka. As per the rules equal quota of kerosene is required to be distributed to both the licence holders.