Case Note & Summary
The petitioner, Bhalwani Vividh Karyakari Seva Sahkari Society Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act 1960, challenged the order of the State Minister for Food and Civil Supply dated 25.06.1992. The Collector had granted a ration shop license to respondent No. 4, a dairy society, despite government guidelines giving first preference to Vividh Karyakari Seva Societies. The Commissioner allowed the petitioner's revision, holding that the petitioner was entitled to the license. The Minister confirmed the Commissioner's order but additionally directed that an additional ration shop be allotted to respondent No. 4. The petitioner argued that once the Commissioner's order was confirmed, the Minister could not grant additional relief, and that a second revision was not maintainable under the Essential Commodities Order 1975. The court agreed, holding that the Minister's order granting an additional shop was without jurisdiction. The writ petition was allowed, and the Minister's order to the extent of granting an additional shop to respondent No. 4 was quashed.
Headnote
A) Cooperative Law - Ration Shop Allotment - Preference to Vividh Karyakari Seva Societies - Under government guidelines, first preference for ration shop license is to be given to Vividh Karyakari Seva Sahkari Societies over dairy societies - The petitioner, being such a society, was entitled to the license - The Collector's grant to respondent No. 4 (dairy society) was set aside by the Commissioner (Paras 1-3).
B) Essential Commodities Act - Revision - Maintainability of Second Revision - Under the Essential Commodities Order 1975, only one revision is provided - The Minister's order confirming the Commissioner's order but granting an additional shop to respondent No. 4 was beyond jurisdiction as a second revision is not maintainable - The Minister could not grant additional relief while confirming the order (Paras 3-4).
Issue of Consideration
Whether the Minister could grant an additional ration shop to respondent No. 4 while confirming the Commissioner's order in revision, and whether a second revision was maintainable under the Essential Commodities Order 1975.
Final Decision
Writ petition allowed. The order of the Minister dated 25.06.1992 to the extent of granting an additional ration shop to respondent No. 4 is quashed and set aside.
Law Points
- Second revision not maintainable under Essential Commodities Order 1975
- Minister cannot grant additional relief while confirming order in revision
- preference to Vividh Karyakari Seva Societies in allotment of ration shops
Case Details
2011 LawText (BOM) (03) 62
Writ Petition No. 1984 of 1992
Shri R. L. Kute h/f Shri R. N. Dhorde for Petitioner, Shri D. R. Kale for Respondent Nos. 1 to 3
Bhalwani Vividh Karyakari Seva Sahkari Society Ltd.
State of Maharashtra, Collector Ahmednagar, Commissioner Nasik Division, Nageshwar Dudh Utpadak Sahkari Sanstha Ltd., Nandkumar Bhausaheb Zaware
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Nature of Litigation
Writ petition challenging the order of the State Minister granting an additional ration shop to respondent No. 4 while confirming the Commissioner's order in favor of the petitioner.
Remedy Sought
Petitioner sought quashing of the Minister's order to the extent it granted an additional ration shop to respondent No. 4.
Filing Reason
The Minister, while confirming the Commissioner's order in favor of the petitioner, granted an additional ration shop to respondent No. 4, which the petitioner contended was without jurisdiction.
Previous Decisions
Collector granted ration shop license to respondent No. 4; Commissioner allowed revision and held petitioner entitled to license; Minister confirmed Commissioner's order but granted additional shop to respondent No. 4.
Issues
Whether the Minister could grant an additional ration shop to respondent No. 4 while confirming the Commissioner's order in revision.
Whether a second revision before the Minister was maintainable under the Essential Commodities Order 1975.
Submissions/Arguments
Petitioner argued that once the Commissioner's order was confirmed, the Minister could not grant additional relief.
Petitioner argued that a second revision was not maintainable under the Essential Commodities Order 1975 as only one revision is provided.
Ratio Decidendi
Under the Essential Commodities Order 1975, only one revision is provided. The Minister, while exercising revisional powers, cannot grant additional relief beyond confirming or setting aside the order under revision. Granting an additional shop to respondent No. 4 was without jurisdiction.
Judgment Excerpts
According to the learned counsel for the petitioner, as per the guide lines of the Government, while allotting ration shop the first preference is required to be given to the Vividh Karyakari Seva Sahkari Societies.
The another contention of the learned counsel for the petitioner is that, second revision before the Minister was not maintainable, under the Essential Commodities Order 1975 only one revision is provided.
Procedural History
Collector granted ration shop license to respondent No. 4. Petitioner filed revision before Commissioner, who allowed it and held petitioner entitled to license. Respondent No. 4 then approached the Minister for Food and Civil Supply, who confirmed the Commissioner's order but granted an additional shop to respondent No. 4. Petitioner filed writ petition challenging that part of the Minister's order.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960:
- Essential Commodities Order, 1975:
