JUDGEMENT
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(1.)The petitioner claims to be an educated unemployed person
falling under second and third priority for allotment of ration
shop. The petitioner has filed this petition being aggrieved
by order dated 24.11.2004 passed by the 3rd respondent i.e.
the Controller of Rationing, Churchgate, Mumbai and order
dated 18.8.2005 passed by the 2nd respondent i.e. Minister,
Food and Civil supplies Department, Mantralaya, Mumbai.
The 4th respondent is a person to whom the concerned ration
shop is allotted.
(2.)The case of the petitioner is that the 3rd respondent gave an
advertisement in newspaper dated 25.6.2001 inviting
applications from public for allotment of ration shops for the
area of Prabudha Nagar, Tata Colony, Chembur. The
advertisement called upon the applicants to submit their
applications on or before 30.7.2001 in the office of the 3rd
respondent. Pursuant to the said advertisement the
petitioner applied in the required format within stipulated
period. The petitioner received an order dated 1.10.2002
passed by the 3rd respondent rejecting his application. The
petitioner was informed that another applicant Kumari
Sandhya Vishvanath Bhosale belonging to scheduled caste
category was found qualified. The petitioner as well as the
4th respondent preferred revision applications before the 2nd
respondent. By an order dated 16.1.2003, the State Minister
confirmed the order of the 3rd respondent and rejected the
revision applications.
(3.)It appears that in the meanwhile Kumari Sandhya Bhosale
informed the Controller of Rationing that she did not want to
run the ration shop allotted to her. The grievance of the
petitioner is that the 3rd respondent by his order dated
24.11.2004 without issuing new advertisement granted
ration shop to the 4th respondent. Being aggrieved by this
order, the petitioner filed a revision application before
respondent no.2 under Clause 30 of the Maharashtra
Foodgrains Rationing (Second) Order, 1966 (for short the
said Order ). His revision application was dismissed by
order dated 18.8.2005 passed by the 2nd respondent. Being
aggrieved by these two orders, the petitioner has approached
this court. The petitioner seeks quashing of the said two
orders.
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