Sadafule Mahila Swayamsahayata Bachatgat Throu. Its… — Writ and Judicial Review | Bombay HC (2025)

Sadafule Mahila Swayamsahayata Bachatgat Throu. Its… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

Liberty to the Petitioner to resort to appropriate proceedings as the law may permit to assail the order dated 18 December 2023 and the consequential communication dated 9 July 2024; all contentions expressly kept open; no order as to costs.

Issue for consideration

Whether a writ of mandamus should issue directing the Respondent Authorities to allot Shop No. 1 in Sinnar area to the Petitioner as per the allotment/order/communication dated 08/11/2023 (bearing No. SUPPLY/OFFICE/8(2)/9/66/1804/2023). +1 more

Ratio / Principle

Having regard to the cancellation of the Petitioner's approval by the order dated 18 December 2023 and its consequential communication dated 9 July 2024, the only remedy available to the Petitioner is to assail that order and communication; the writ petition as pressed does not yield the relief sought.

Key takeaways

The writ petition is accordingly disposed of, with liberty reserved to the Petitioner to resort to such appropriate proceedings as the law may permit against the cancellation order and consequential communication.ratio¶26
All contentions of the Petitioner in relation to the cancellation are expressly kept open, i.e., no merits were adjudicated by this Court.ratio¶28

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Coram G. S. Kulkarni & Advait M. Sethna, JJ., decided 30 January 2025 (Writ Petition No. 12662 of 2024). Petitioner Sadafule Mahila Swayamsahayata Bachatgat, under Article 226, sought mandamus for implementation of the allotment of fair price shop No. 1, Sinnar area (Nashik), per communication dated 08/11/2023 bearing No. SUPPLY/OFFICE/8(2)/9/66/1804/2023. On instructions, the AGP informed the Court that the District Supply Officer, Nashik's order dated 18 December 2023 - passed in pursuance of the State Government's order in proceedings restoring the shop to its original holder, Tulshi (Tulsee) Mahila Bachhat Gat - cancelled the approval granted to the Petitioner, which cancellation was communicated to the Petitioner by the District Collector, Nasik (District Supply Department) by communication dated 9 July 2024. Holding that the Petitioner's only remedy lay in assailing that order and consequential communication, the Court disposed of the writ petition with liberty to pursue appropriate proceedings, expressly keeping all contentions open; no order as to costs.

901-AS-WP-12662-2024.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by VINA VINA ARVIND ARVIND KHADPE KHADPE Date: 2025.01.31 17:41:16 +0530

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 12662 OF 2024

Sadafule Mahila Swayamsahayata Bachatgat … Petitioner

Versus The State of Maharashtra through Govt. Pleader and …Respondents ors.

_______________________ Mr. Pandit Kasar for the Petitioner. Ms. S. S. Bhende, AGP for the Respondent - State.

_______________________ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. DATED: 30 JANUARY 2025 _______________________ P.C.

This Petition under Article 226 of the Constitution of India is filed praying for the following reliefs :-

(a) By order of this Hon’ble Court, the writ of mandamus or any other appropriate writ may be issued thereby directing the Respondent Authorities to allot Shop No.1 in Sinnar area as per allotment / order/ communication dated 08/11/2023 as published by the District Collector of Nashik under its District Supply department bearing No. SUPPLY/OFFICE/8(2)/9/66/1804/2023 in favour of the Petitioner Bachatgat within the period of eight days;

(b) By order of this Hon’ble Court, during the pendency of the present Writ Petition, writ of mandamus or any other appropriate writ may be issued thereby directing the Respondent Authorities to allot Shop No.1 in Sinnar area as per allotment / order/ communication dated 08/11/2023 as

Page 1 of 3 30 January, 2025

Vina Khadpe

901-AS-WP-12662-2024.DOC

published by the District Collector of Nashik under its District Supply department bearing No. SUPPLY/OFFICE/8(2)/9/66/1804/2023 in favour of the Petitioner Bachatgat .

We heard the proceedings yesterday, when we adjourned the same for today, to enable Miss Bhende, the learned AGP to take instructions in regard to the Petitioner’s contention that the Order dated 3 November 2023 allotting the ration shop to the Petitioner not being implemented.

Ms. Bhende has taken instructions. She submits that the Order dated 18 December 2023 is passed by the District Supply Officer, Nashik which is in pursuance of the order passed by the State Government on the proceedings of one Tulshi Mahila Bachhat Gat who was initially conducting fair price shop No.1, which earlier being cancelled, is now restored to Tulshi Mahila Bachhat Gat. It is contended that merely on the cancellation of the shop as allotted to them, the petitioner had got a chance of conducting the said shop as allotted to Tulshi Mahila Bachhat Gat which now stands restored to the said original Tulsee Mahila Bachhat Gat. Her contention is that by virtue of the order dated 18 December 2023 an approval granted to the petitioner to conduct the said ration shop, was cancelled. A copy of the communication dated 18 December 2023 is placed on record. Ms. Bhende submits that consequent thereto, a communication dated 9 July 2024 was addressed by the office of the District

Page 2 of 3 30 January, 2025

Vina Khadpe

901-AS-WP-12662-2024.DOC

Collector, Nasik (District Supply Department) informing the petitioner of the cancellation of the Petitioner’s fair shop under the order dated 8 November 2023, on the basis of which the present petition has been filed.

All documents as tendered by Ms. Bhende and as noted by us, are taken

on record and copy of which are also served upon the Advocate for the Petitioner.

In this view of the matter, in our opinion, the only remedy to the Petitioner is to assail the order dated 18 December, 2023 whereby the Petitioner’s fair price shop has been cancelled by the consequential communication dated 9 July, 2024.

We, accordingly, dispose of the present Writ Petition, however, liberty to

the Petitioner to resort the appropriate proceedings as the law may permit.

All contentions in that regard are expressly kept open.

Writ Petition is disposed of. No order as to costs.

(ADVAIT M. SETHNA, J.)

(G. S. KULKARNI , J.)

Page 3 of 3 30 January, 2025

Vina Khadpe

Procedural history

How this case reached the court

AI extract

Order under challenge
Cancellation of the approval granted to the Petitioner to conduct the fair price shop (ration shop) allotted to it, effected by the order dated 18 December 2023 of the District Supply Officer, Nashik (passed in pursuance of the State Government's order restoring shop No. 1 to Tulshi (Tulsee) Mahila Bachhat Gat), conveyed to the Petitioner by communication dated 9 July 2024 of the office of the District Collector, Nasik (District Supply Department).¶25
District Supply Officer, Nashik · 18 December 2023
Prior proceeding
Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the Respondent Authorities to allot Shop No. 1 in Sinnar area to the Petitioner as per the allotment/order/communication dated 08/11/2023.¶10
Prior proceeding
Underlying allotment: Shop No. 1 in Sinnar area was allotted/approved to the Petitioner Bachatgat by the District Collector of Nashik, District Supply Department, per allotment/order/communication dated 08/11/2023 bearing No. SUPPLY/OFFICE/8(2)/9/66/1804/2023.¶11
Prior proceeding
At the previous day's hearing the matter was adjourned to enable the learned AGP to take instructions on the Petitioner's contention that the Order dated 3 November 2023 allotting the ration shop to the Petitioner was not being implemented.¶17
Prior proceeding
Background of competing holder: Tulshi Mahila Bachhat Gat initially conducted fair price shop No. 1; after its conduct was earlier cancelled, the shop now stands restored to the said original holder pursuant to proceedings before the State Government.¶18
Prior proceeding
On instructions, the AGP submitted that by order dated 18 December 2023, passed in pursuance of the State Government order in the Tulshi (Tulsee) Mahila Bachhat Gat proceedings, the District Supply Officer, Nashik cancelled the approval granted to the Petitioner to conduct the said ration shop; a copy of the communication dated 18 December 2023 was placed on record.¶18
Prior proceeding
By communication dated 9 July 2024, the office of the District Collector, Nasik (District Supply Department) informed the Petitioner of the cancellation of its fair price shop under the order dated 8 November 2023, which is stated to be the basis on which the present petition was filed.¶22