MEHTAB AHMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Petition involves a dispute relating to the allotment of Fair Price Shop under Item 299 for Takshila Residential Complex, Mahakali, Andheri (East), Bombay. The said Shop came to be allotted to the Petitioner by an Order dated 29th November 1985 issued by the Controller of Rationing, Bombay. It came to be cancelled by an Order dated 13th October, 1988 issued in the name of the Governor of Maharashtra and signed by the Under Secretary to the Government, Food and Civil Supplies Department. This is challenged in this Petition under Article 226 of the Constitution of India.

(2.) THE learned counsel for the Petitioner, firstly, submitted that the cancellation could have been done within one year of the allotment order and even the show -cause notice was issued to the Petitioners on 10th June, 1988. Hence the cancellation was illegal.

(3.) LEARNED counsel for the Petitioner further submitted that this Order has been passed by the Under Secretary to the Government, Food and Civil Supplies Department, and hence invalid. It is not possible to accept this. This has been only issued in the name of the Governor of Maharashtra i.e. by the State Government. It is also clear from the said Order that the Honourable Minister of the State heard the matter and the Order was passed.