MANGALABAI SHANTILAL DARDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition takes exception to the Order dated 24/10/2008 passed by the respondent No. 2 - Minister for Food, Civil Supplies and Consumer Protection Department, Mantralaya, Mumbai in Review Application No. VAN. 1404/P.K./ 295/N.P.23.

(2.) The background facts for filing the present writ petition as disclosed in the memo of the writ petition are as under In 1989, Kerosene Semi wholesale dealer licence No. 9 of 1989 came to be granted in favour of petitioner. It is further case of the petitioner that, at present, the petitioner is getting 65 K.L. Kerosene quota from the State Government and at present 41 retailers are attached to the petitioner. In the year 1997 in Shirpur Taluka, there were 7 semi wholesale dealers distributing kerosene through out Shirpur taluka.On 11/3/1999, respondent No. 7 Hukumchand Motilal Sethiya, by his application dated 11/3/ 1999, requested the respondent No. 6 to cancel his semi wholesale dealer licence and thereby surrendered his semi wholesale licence. On 20/6/1999, respondent No. 6 after following due procedure, cancelled the licence and given kerosene quota to the respective wholesalers.After about 5 years, respondent No. 7 herein applied before the respondent No. 5 for reissuance of semi wholesale dealer kerosene licence. Respondent No. 5 - the District Supply Officer vide its order dated 7/7/2004, rejected the said application submitted by respondent No. 7. Thereafter, respondent No. 7 filed appeal before the Divisional Commissioner, Nasik, which came to be rejected on 26/7/2004.Respondent No. 7 filed revision application before the Minister for Food & Civil Supplies and Consumer Protection Department. By order dated 8/9/2004, the Hon'ble Minister rejected the said Revision application filed by respondent No. 7.

(3.) Thereafter, again respondent No. 7 filed review application before the State of Maharashtra. The present respondent No. 2, the Minister by its Order dated 24/10/ 2008 is pleased to allow the review application filed by respondent. Hence, this writ petition.