BHIMRAO EKNATH BORKAR Vs. JITENDRA BHOJRAJ LILHARE
LAWS(BOM)-2017-6-233
HIGH COURT OF BOMBAY
Decided on June 07,2017

Bhimrao Eknath Borkar Appellant
VERSUS
Jitendra Bhojraj Lilhare Respondents

JUDGEMENT

R.K. Deshpande, J. - (1.) The petitioner was allotted fair price shop, as his name appeared in the priority list as a candidate belonging to Scheduled Caste Category under Clause 3A (1) (B) of the Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975, (in short "the said Order of 1975) by the order passed by the Additional Collector, Gondia, on 25.10.1999. This was challenged by the respondent No.1 before the Commissioner (Supply), Nagpur Division, Nagpur, in Revision under clause 24 of the said Order, which was registered as R.P.No. 58/19992000. On 24.05.2000, the Deputy Commissioner (Supply) who dealt with the Revision, set aside the order passed by the Additional Collector and directed that the respondent No.1 - Jitendra Bhojraj Lilhare, belonging to 'Educated Unemployed' category, having priority over the 'Scheduled Caste' as per the priority list contained in the Government Resolution dated 20.03.1999, was entitled to allotment of fair price shop. The order directed the Sub Divisional Officer to take appropriate steps in the matter and accordingly, the Sub Divisional Officer passed an order on 03.06.2000 in favour of the respondent No.1.
(2.) The petitioner has preferred this writ petition, challenging the order dated 24.05.2000 passed by the Deputy Commissioner, the order dated 03.06.2000 passed by the Sub Divisional Officer, Gondia, along with the Government Resolution dated 20.03.1999, which has been acted upon by the Deputy Commissioner to decide the entitlement of respondent No.1.
(3.) Shri Borkar, the learned counsel for the petitioner has urged before us that in the Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975, there is no priority given to the 'Educated Unemployed' person belonging to caste or tribe other than Scheduled Caste or Scheduled Tribes over the persons belonging to Scheduled Caste or Scheduled Tribe for issuing the authorization to the ration shops. He submits that the petitioner belongs to Scheduled Caste category, which is given priority at Sr.No.4 in clause (3A) (1) (B) of other areas. In normal circumstances, the petitioner would get allotment being a candidate of Scheduled Caste category.;


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