Vishnu Vinayak Hood Vs the State of Maharashtra Its Secretary and Others — Bombay HC (2024) — LawSathi Research

Vishnu Vinayak Hood Vs the State of Maharashtra Its Secretary and Others — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: Petitioner to tender written notes of submissions on the Stay Application by 4.00 p.m. on 19/01/2024; Respondent No.3 to arrange the hearing the same day and pass an order on the Stay Application on or before 24/01/2024; copy of the order to be supplied per regular procedure.

Issue for consideration

Whether the writ petition should be entertained when the petitioner has already approached the Deputy Commissioner (Civil Supplies), Chhatrapati Sambhajinagar and the Hon'ble Minister of Consumer Affairs for the same cause, which is therefore sub-judice elsewhere. +2 more

Court's answer

Since the cause taken up by the petitioner is sub-judice before Respondent No.3/Deputy Commissioner (Civil Supplies) as well as before the Hon'ble Minister, the Court is not inclined to entertain the writ petition.

Ratio / Principle

Direction (a): the Petitioner is to tender written notes of submissions on the Stay Application before Respondent No.3 by 4.00 p.m. on 19/01/2024.

Key takeaways

Direction (b): Respondent No.3 is to arrange for the hearing of the Stay Application at 4.00 p.m. on 19/01/2024.ratio¶22
Direction (c): since the Petitioner is the only aggrieved party and the Respondents are Revenue Authorities, the Third Respondent/Deputy Commissioner (Civil Supplies) shall pass an order on the Stay Application on or before 24/01/2024.ratio¶24

Detailed headnote1 paragraphs

Writ Petition disposed of - parallel proceedings - the identical cause was already pending before the Respondent No.3/Deputy Commissioner (Civil Supplies), Chhatrapati Sambhajinagar and before the Hon'ble Minister of Consumer Affairs, Mantralaya, Mumbai; the Court was not inclined to entertain the petition. Recording the petitioner's grievance that the Deputy Commissioner was not dealing with the pending Revision Petition dated 23/10/2023, filed under Clause 24 of the Maharashtra Scheduled Commodities (Regularization and Distribution) Order 1975 alongwith a Stay Application, and was not issuing hearing notices, the Court directed: (a) the Petitioner to tender written notes of submissions on the Stay Application by 4.00 p.m. on 19/01/2024; (b) Respondent No.3 to arrange the hearing at 4.00 p.m. on 19/01/2024; and (c) Respondent No.3/Deputy Commissioner (Civil Supplies) to pass an order on the Stay Application on or before 24/01/2024.

2024:BHC-AUG:995-DB

705.24wp

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

912 WRIT PETITION NO. 705 OF 2024

VISHNU VINAYAK HOOD

VERSUS

THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS

Mr D. R. Kale, Advocate for Petitioner; Mr P. K. Lakhotiya, A.G.P. for Respondent Nos.1 to 5

CORAM : RAVINDRA V. GHUGE AND

Y. G. KHOBRAGADE, JJ.

DATE : 18th January, 2024

PER COURT:

The Petitioner has disclosed that, he has already approached Respondent No.3/ Deputy Commissioner (Civil Supplies), Chhatrapati Sambhajinagar for the same cause, which is taken in this Petition. He also has approached before the Hon'ble Minister of Consumer Affairs, Mantralaya, Mumbai, for the same cause.

After the hearing progressed in this matter, the learned A.G.P. pointed out that the cause taken up by the Petitioner in this Court is sub-judice before Respondent No.3/ Deputy

(2)

705.24wp

Commissioner (Civil Supplies), Chhatrapati Sambhajinagar, as well as before the Hon'ble Minister.

In view of the above circumstances, we are not inclined to entertain this Petition. However, the grievance of the Petitioner is that Respondent No.3/Deputy Commissioner (Civil Suppies) is not dealing with the pending Revision Petition dated 23/10/2023 filed under Clause 24 of the Maharashtra Scheduled Commodities (Regularization and Distribution) Order 1975, alongwith a Stay Application, and the said Authority is not even issuing notices for hearing on the Stay Application. Further grievance of the Petitioner is that, the proclamation dated 09/10/2023, which is not acted upon, may be acted upon hurriedly.

In view of the above, this Writ Petition is disposed off, with the following directions :-

(a) The Petitioner would tender written notes of submissions on the Stay Application before Respondent No.3, by 4.00 p.m. tomorrow, i.e on 19/01/2024.

(b) Respondent No.3 would arrange for the hearing at 4.00 p.m. tomorrow, i.e. on 19/01/2024.

705.24wp (3)

(c) Since the Petitioner is the only aggrieved party and the Respondents are the Revenue Authorities, the Third Respondent / Deputy Commissioner (Civil Suppies) shall pass an order on the Stay Application, on or before 24/01/2024.

(d) Copy of the order shall be kept ready in order to be supplied to the Petitioner by following the regular procedure, as is applicable.

(Y. G. KHOBRAGADE, J.)

(RAVINDRA V. GHUGE, J.)

sjk