The High Court dismissed this writ petition. The court upheld the orders of the Deputy Commissioner (Supply) and the Minister for Food and Civil Supplies, finding them just and proper without interference.
The writ petition was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETN. NO.6311/2012
Namdeo Pundlik Ingale and another
-vs-
The State of Maharashtra and others
Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's Orders.
-----------------------------------------------------------------------------------------------------------------------------------------Shri A.J.Bhoot, counsel for the petitioner. Shri D.M.Kale AGP for the respondent Nos.1 to 3.
CORAM : SMT. VASANTI A. NAIK, J.
DATE : 19.12.2012.
Though the District Supply Officer had cancelled the fair price licence issued in favour of the respondent No.4, the Deputy Commissioner (Supply) by the impugned order dated 23/04/2012, for cogent reasons recorded in the order, held that the order of the District Supply Officer was liable to be set aside and the respondent No.4 was entitled to operate the fair price licence on payment of fine of rupees five thousand. It was observed by the Deputy Commissioner (Supply) that there were no complaints against the respondent No.4 for past thirty years, except the complaint filed before the cancellation of the licence by the District Supply Officer. It was also observed that the respondent No.4 was erroneously held guilty of certain irregularities though those irregularities pertain to the operation of the fair price shop. It was also found that some of the allegations made against the respondent No.4 were contradictory in nature. The order passed by the Deputy Commissioner (Supply) was upheld by the Hon'ble Minister for Food and Civil Supplies by the impugned order dated 31/08/2012. On a reading of both the impugned orders, it
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appears that they are just and proper and call for no interference, in exercise of the writ jurisdiction.
In the result, the writ petition is dismissed with no order
as to costs.
JUDGE
KHUNTE
Namdeo Pundlik Ingale
The State of Maharashtra
Vasanti A. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
