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Bombay high court cancels order on ration shop

The Bombay high court has set aside an order passed in review by the food and civil supplies minister Anil Deshmukh, overturning his predecessor Ramesh Bang’s order, regarding allotment of a ration shop in Chandivli.

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The Bombay high court has set aside an order passed in review by the food and civil supplies minister Anil Deshmukh, overturning his predecessor Ramesh Bang’s order, regarding allotment of a ration shop in Chandivli.

The judges said that Deshmukh’s order is “wholly unsustainable” as the shop was exclusively reserved for an individual, but he allotted it to a women’s self-help group.

A petition was filed by Chhaya Kale challenging Deshmukh’s November 1, 2010 order cancelling her allotment and allotting it to Jai Santoshi Ma Mahila Bachat Gat.  On January 12, 2009, the deputy controller of rationing (DCR), Wadala, allotted the shop to Kale. Gat moved a application before Bang, who rejected it and confirmed Kale’s allotment on October 15, 2009. Gat then filed a review application before Deshmukh,who set aside earlier orders and sanctioned allotment to it.

The judges said they were “disturbed to note” that despite procedural guidelines for quasi-judicial authority, the authorities are not following them. The judges also upheld arguments that Kale’s disability certificate from a private trust cannot be considered authentic and while the criterion was “educated unemployed”, she had passed her 7th standard exam.

The judges wrote that DCR and Deshmukh “while passing their orders did not consider these aspects properly”. Setting aside the earlier orders, the judges directed the government to issue fresh advertisement in respect of the shop. They stayed their order for six weeks.

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