LAWS(BOM)-2009-7-141

GOVIND RAMESHWAR AGRAWAL Vs. STATE OF MAHARASHTRA

Decided On July 30, 2009
GOVIND RAMESHWAR AGRAWAL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Shri Adwait Manohar, Advocate, for the petitioner, Shri Kothari, AGP for respondent Nos. 1 and 3 and Shri Khadse, Advocate, for respondent No. 2. None present for intervenor.

(2.) The petitioner is challenging the order of the State Government dated 23rd April, 1997, by which the MF-II license for sale of Mhowra flowers of the respondent No. 2 was renewed. The facts leading to this petition can be briefly stated thus -

(3.) The petitioner is the resident of Mehkar in Buldhana District. The respondent No. 2 was holding MF-II license for sale of Mhowra flowers at Khamgaon. The same was cancelled in 1985. Thereafter respondent No. 2 preferred an application before the Collector, Buldhana, for renewal of his license on 26-9-1995. The Collector Buldhana i.e. Respondent No. 3 rejected the said application by his order dated 16-1-1996. The fact was informed to the respondent No. 2. It seems that thereafter respondent No. 2 approached to the State Government and the State Government by the impugned order renewed the MF-II license for sale of Mhowra flowers of respondent No. 2, which was cancelled long back and not renewed by the Collector. The relevant order was made on the basis that the respondent No. 2 had made out a special case for renewal of his MF-II license for sale of Mhowra flowers , which was cancelled earlier. Not only that, the respondent No. 2's MF-II license for sale of Mhowra Flowers was transferred from Khamgaon to Mehkar. This order is challenged by the petitioner.