Megha 25_wp_5830_2024.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5830 OF 2024 Narayan Babaji Aawdan and Ors. ...Petitioners V/s. Yashodha Mahila Bachat Gaat, Gudewadiand Ors. ...Respondents ______________ Mr. Chetan Patil i/b. Mr. Mandar Bagkar for the Petitioners. Mr. Saurabh Pakale with Mr. Nilesh Desai for Respondent No.1. Ms. A.A. Nadkarni, AGP for Respondent-State. ______________ CORAM : SANDEEP V. MARNE, J. Dated : 21 January 2025. P.C. : 1) The main ground on which the order passed by the learned Minister, on 26 February 2024 is challenged is non- impleadment of Petitioners to the Revision Application preferred by Respondent No.1. 2) It is an admitted position that the license of Respondent No.1 was directed to be cancelled by District Supply Officer, Kolhapur on 9 December 2022 after taking into consideration the complaint preferred by the Petitioners. However, Respondent Page No. 1 of 3 21 January 2025 MEGHA SHREEDHAR PARAB Digitally signed by MEGHA SHREEDHAR PARAB Date: 2025.01.27 10:20:05 +0530 Megha 25_wp_5830_2024.docx No.1 filed first Revision before the Deputy Commissioner (Supplies), Pune region, Pune without impleading the Petitioners. Petitioners intervened in the Revision before the Deputy Commissioner (supplies) and they were directed to be impleaded and heard while passing order On 1 June 2023. 3) When the first revision filed by Respondent No.1 was rejected Respondent No.1 continued with its trend of not impleading the Petitioners while filing second revision before the learned Minister. It appears that second revision has been allowed by the learned Minister behind the back of Petitioners on account of their non-impleadment. This Court has accordingly granted interim relief in favour of Petitioners on 30 April 2024 restraining Respondent Nos.2 to 4 from restoring /issuing license for running the Fair Price Shop of Respondent No.1. On account of interim order passed by this Court Respondent No.1 is unable to operate the Fair Price Shop, charge whereof is apparently handed over to the neighbouring Fair Price Shop. 4) In my view, considering the above factual position, it would be appropriate that the learned Minister hears the Petitioners in the second revision and passes a fresh order after grant of opportunity of hearing to both the sides. In order to enable the learned Minister to do so, order dated 26 February 2024 passed by him is set aside and revision application preferred by Respondent No.1 shall stand restored before the learned Minister. Both the parties shall appear before the Page No. 2 of 3 21 January 2025 Megha 25_wp_5830_2024.docx learned Minister on 29 January 2025 and seek further directions for fixation of date of hearing in the revision. Learned Minister shall decide the revision preferred by Respondent No.1 on its own merits, without being influenced by his order dates 26 February 2024. Considering the fact that Respondent No.1 is unable to operate Fair Price Shop for a considerable period of time, learned Minister is requested to decide remanded revision as expeditiously as possible, preferably within a period of four months from today. 5) With the above directions, Writ Petition is disposed of. 6) All rights and contentions of the parties on merits are expressly kept open. [SANDEEP V. MARNE, J.] Page No. 3 of 3 21 January 2025