Case Note & Summary
The petitioner, Balbhim Sukhdeo Limbkar, filed a complaint against respondent No.4, Manisha Nagesh Shinde, who was running a fair price shop. The Tahsildar (Supply) conducted an enquiry and found serious illegalities and irregularities. On 3.4.2008, a show cause notice was issued to respondent No.4. After hearing both parties, the District Supply Officer, Osmanabad, by order dated 22.7.2008, cancelled the licence of the fair price shop and confiscated the deposit amount of Rs. 3000. The District Supply Officer also made a complaint to the police station against respondent No.4. Aggrieved, respondent No.4 filed a revision before the Minister of Food, Civil Supply and Consumer Protection, Mantralaya, Mumbai. The Minister allowed the revision, setting aside the cancellation. The petitioner then filed Writ Petition No. 8731 of 2011 before the High Court, which remitted the matter back to the Minister for reconsideration. After hearing the parties again, the Minister again allowed the revision application filed by respondent No.4. Hence, the petitioner filed the present writ petition. The High Court examined the Minister's order and found that the Minister had enlarged the scope of the revision by considering grounds not raised by the petitioner. The court held that the revisional authority cannot enlarge the scope of the revision and must confine itself to the grounds raised. The court also noted that the Tahsildar's detailed enquiry had revealed serious irregularities, and the District Supply Officer's order cancelling the licence was justified. Consequently, the High Court allowed the writ petition, set aside the Minister's order, and restored the order of the District Supply Officer dated 22.7.2008.
Headnote
A) Administrative Law - Revisional Jurisdiction - Scope of Revision - Revisional authority cannot enlarge scope of revision and must confine itself to the grounds raised in the revision petition - The Minister allowed revision by considering grounds not raised by the petitioner, thereby exceeding jurisdiction - Held that the order of the Minister was unsustainable (Paras 5-6). B) Essential Commodities Act - Fair Price Shop - Cancellation of Licence - Serious irregularities found by Tahsildar (Supply) justified cancellation of licence and confiscation of deposit - District Supply Officer's order was based on detailed enquiry and was proper - Held that the Minister's order setting aside cancellation was erroneous (Paras 4-6).
Issue of Consideration
Whether the Minister, while exercising revisional jurisdiction, could enlarge the scope of the revision and set aside the order of cancellation of fair price shop licence passed by the District Supply Officer.
Final Decision
The writ petition is allowed. The judgment and order dated 18.4.2012 passed by the Minister of Food, Civil Supply and Consumer Protection, Mantralaya, Mumbai, in Revision No. VAM-1012/C.N. 177/CS-21 is quashed and set aside. The order dated 22.7.2008 passed by the District Supply Officer, Osmanabad, cancelling the licence of respondent No.4 and confiscating the deposit amount of Rs. 3000/- is restored. Rule made absolute accordingly.
Law Points
- Revisional authority cannot enlarge scope of revision
- Revisional authority must confine to grounds raised
- Fair price shop licence cancellation for irregularities
- Scope of revision under Essential Commodities Act
