A writ petition challenging the recommendation by the District Supply Officer regarding the allotment of a fair price shop. The Court held that a mere recommendation does not create a right to be allotted and is not justiciable.
The Writ Petition is disposed of with no 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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W.P.No.1569/15
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO.1569 OF 2015
Mayabai W/o Arun Dodke and others 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
Mr.A.J.More, advocate holding for Mr.S.T.Veer, advocate for the petitioners. Mrs.A.V.Gondhalekar, Addl. Govt. Pleader for the State.
Mr.Sopan Bobade, advocate holding for Mr.Kiran Jadhav, advocate for Respondent No.5.
CORAM : S.V.GANGAPURWALA AND K.K.SONAWANE,JJ. Date : 04.08.2016.
PER COURT :
year 2012. There is delay of more than two and half years. On the
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W.P.No.1569/15
ground of delay itself, the further process is vitiated. The learned counsel further submits that even the Women's Gramsabha has resolved in not recommending the name of Respondent No.5. All these aspects are not considered by the Respondent authority while recommending the name of Respondent No.5. Because of delay caused, the whole process be cancelled and new process be directed to be conducted for allotment of fair price shop.
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W.P.No.1569/15
of the fair price shop in question. Only recommendation may not be a subject matter of challenge. It is for the authority to either accept or reject the recommendation and issue order of allotment of fair price shop. No right as on today is created in favour of any party.
(K.K.SONAWANE,J.) (S.V.GANGAPURWALA,J.)
Dt.04.08.2016. asp/office/wp1569.15
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W.P.No.1569/15
1 issue framed by the court
Whether the delay in the procedure and the lack of follow-up to a recommendation vitiate the process for allotment of a fair price shop.
1 provisions across 1 enactments
Mayabai W/o Arun Dodke and others
The State of Maharashtra and others
S.V. Gangapurwala
K.K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
