IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 WRIT PETITION NO. 6565 OF 2024 SAI BABA MAHILA BACHAT GAT THROUGH ITS PRESIDENT REKHA SANTOSH KHARCHE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr. S. V. Deshmukh, Advocate for the petitioner Mr. S. B. Jadhav, AGP for the respondent/State Mr. P. B. Patil, Advocate for respondent No.5. CORAM : R. M. JOSHI, J. DATE : 8th MAY, 2025 PER COURT :- 1. Learned counsel for contesting respondent has filed reply. It is taken on record. Copy of the reply is made over to the other side. 2. By consent of both sides, this petition is heard finally at the stage of admission. 3. This petition challenges the order passed by the Minister of Food and Civil Supply Department taking exception to the order passed by the Deputy Commissioner (Supply) Nashik, dated 30/05/2023 by which the order passed by the District Supply Officer dated 30/09/2022 came to be set aside and the District Supply Officer was directed to conduct the inquiry afresh before issuance license of fair price shop. 919.wp6565.24..odt 1 of 5 2025:BHC-AUG:13992 4. Learned counsel for the Petitioner has drawn attention of the Court to the proclamation issued dated 10/11/2021, wherein there is condition which is reads thus: ^^vtkZlkscr [kkyhy dkxni=s@ iqjkos lk{kkafdr d:u lknj djkos- 1- Lo;algk;rk cpr xV uksan.hkd`r vlysckcr nLr,sot- 2- jkLrHkko nqdku pkyfo.kslkBh miyC/k vlysY;k HkkaMoykckcrps izek.ki=- 3- jkLr Hkko nqdku ijokuk pkyfo.kslkBh tkxk miyC/krsckcr tkxspk mrkjk@tkxk Lor%P;k ekydhph ulY;kl tkxk ekydkph :-100@& P;k LVWEi isijoj laerhi=- 4- laLFkspk Bjko] rkGscan] cWad cWyUl] iksVfu;ekph izr- 5- R;kp xkokrhy@ {ks=krhy laLFkk vlysckcr iqjok- 6- Lo;algk;rk cpr xVkps lnL; ;kaps R;kaps dqVwackr dks.kklgh jkLr Hkko nqdku eatwj >kysys ulysckcrps izfrKki=- 7- laLFkk@Lo;algk;rk cprxVkckcr U;k;izfo"B ckc ulysckcr nLr,sot- 8- laLFkk uksan.khd`r o dk;Zjr vlysckcr laLFkk fuca/kdkps izek.ki= rlsp laLFksP;k mifo/khe/;s LoLr /kkU; nqdku pkyfo.ksckcr rjrwn vl.ks vko';d jkfgy ulY;kl r'kh rjrwn uewn d:u laLFksph mifo/kh djkoh- 9- vtZnkj Lo;algk;rk cprxV LFkkfud vlysckcr iqjkok] laLFksP;k ckcrhr dk;Z{ks=kckcrpk iqjkok-** (emphasis supplied) 5. It is his submission that the condition No.5 requires that the such society or Bachat gat must have a operational area of the same village. He drew attention of the Court to the registration certificate of contesting respondent indicating that the said society is registered at Jalgaon. He further drew attention of the Court to the order passed by the District Supply Officer granting license of fair price shop to contesting Respondent showing that contesting Respondent Society is from Yawal. It 919.wp6565.24..odt 2 of 5 is thus his contention that the Deputy Commissioner (Supply) has rightly taken into consideration the proclamation and the order passed by the District Supply Officer and set aside the same with further direction to take decision afresh after considering the relevant Government Resolution. It is his submission that the Minister has committed error in not considering the arguments of the Petitioner with regard to the eligibility of contesting Respondent to get license. It is his submission that though such arguments were made the same are ignored by the Minister. 6. Learned counsel for Respondent No.5 had attempted his best to support the impugned order. It is his contention that contesting Respondent No.5 has never claimed that Society is registered at Yawal. By referring to the clause No.5 it is his submission that since it is mentioned therein that the Society or Bachat Gat should be from the village or from the area which means according to him the entire district. Thus, it is his contention that since Respondent No.5 has been registered in district Jalgaon, it is eligible for for getting license. He also took support of the report submitted by the District Supply Officer before the Minister to indicate that the proposal of Respondent no.5 was found to be the best for selection. It is also stated therein that many times though Bachat Gat is not local, since the entire area of operation is district, such 919.wp6565.24..odt 3 of 5 Bachat gats are selected. 7. There is no dispute about the fact that the proclamation indicates that the Society of the Bachat gat should be from the village or from the area. There is no mention therein that such area means district as a whole. If it was intended so there was no difficulty for the Collector while issuing proclamation to indicate so. Apart from this, perusal of the order passed by the District Supply Officer granting license to the contesting Respondent indicates that the license has been granted with assumption that contesting respondent has a registration at Yawal and it is recorded in order accordingly. Even Respondent No.5 does not claim to be registered at Yawal. In this order passed by District Supply Officer there is absolutely no justification or reasons recorded for considering the registration and area of operation as entire District Jalgaon. However, it is sought to be supplanted by report submitted to the Minister. It is settled position of law that any amount of explanation or reasons cannot be supplanted to the original order. The matter of factly the order has been passed by the District Supply Officer presuming the fact that contesting Respondent is registered at Yawal, though it was not even so claimed. 8. As against this the Deputy Commissioner (Supply) has rightly taken into consideration the proclamation and the conditions imposed 919.wp6565.24..odt 4 of 5 therein for the issuance of license of fair price shop. The order passed by the Deputy Commissioner of setting aside the order impugned and relegating the matter back for consideration afresh is well reasoned and justified. The Minister has ignored the objection raised by the Petitioner before him, which is impressible in law. Suffice it to say that the order passed by the Minister is not sustainable. Hence, the same is set aside. Order passed by Deputy Commissioner (Supply) stands restored. 9. Any observations made in this order shall not bind the authority while deciding the issue afresh. Contention of rival parties are kept specifically open. 10. Petition stands allowed in above terms. (R. M. JOSHI, J.) ssp 919.wp6565.24..odt 5 of 5