R. K. Deshpande, J. - (1.)This petition challenges the order dated 28.06.2010 passed by the Hon'ble Minister, Food Civil Supplies and Consumer Department of State of Maharashtra, partly allowing the application for review of the order dated 26.08.2009, in exercise of its power conferred by Clause 16 of the Maharashtra Scheduled Commodities Retail Dealers' Licensing Order, 1979 ("the said order" for short).
(2.)A notice for final disposal of the matter was issued on 23 rd November, 2010, and the interim relief in terms of prayer clause (ii) of the petition was granted. The respondents are served. Shri K.L.Dharmadhikari, the learned Asstt. Govt. Pleader appears for Respondent Nos. 1 to 3 and Shri P.V.Navlani, the learned counsel h/f Shri Anand Parchure, Advocate appears for Respondent No.4. The matter is heard finally.
(3.)The District Supply Officer in exercise of his power conferred by Clause 11 of the said Order, passed an order on 2.5.2009, forfeiting the security deposit of the respondent no. 4 on the ground that he had violated the terms and conditions of the retail kerosene license issued under the said Order. The petitioner, who claims to be the resident of the concerned area and the card holder preferred an appeal under clause 15 (1) of the said Order, before the Deputy Commissioner (Supply), Amravati Division, Amravati which was registered as CSS 195 /Akola Thakare / 2008 2009, challenging the order passed by the District Supply Officer and claiming that further punishment ought to have been imposed upon the respondent no. 4, of cancelling the license. This appeal was decided on 14.07.2009, by setting aside the order of the District Supply Officer and sending the matter back to him for passing an order of cancellation of kerosene license of respondent no.4.