GULABSINGH GOPINATH CHAVAN vs THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS — WP/1358/2024

Case under Constitution of India Section 226 AND 227. Next hearing: 01st April 2026.

CNR: HCBM030043422024

Next Hearing

01st April 2026

Filing Number

WP/3058/2024

Filing Date

29-01-2024

Registration No

WP/1358/2024

Registration Date

31-01-2024

Judge

HON'BLE SHRI JUSTICE AJIT B. KADETHANKAR

Coram

HON'BLE SHRI JUSTICE AJIT B. KADETHANKAR

Bench Type

Single

Judicial Branch

Civil

Acts & Sections

Constitution of India Section 226 AND 227

Petitioner(s)

GULABSINGH GOPINATH CHAVAN

Adv. Dighe Praveen S

Respondent(s)

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Adv. AGP FOR R.NO 1 TO 4 (WAIVES) 1123

THE HONBLE MINISTER FOOD CIVIL SUPPLIES AND CONSUMER PROTECTION DEPARTMENT

THE DEPUTY COMMISSIONER SUPPLY AURANGABAD

THE DISTRICT SUPPLY OFFICER AURANGABAD

INDUBAI SHANKAR BHUREWAR

Hearing History

Judge: HON'BLE SHRI JUSTICE AJIT B. KADETHANKAR

01-02-2024

PETITIONS FOR ADMISSION - FRESH CIVIL SIDE MATTERS

01-04-2026
30-03-2026

DUE ADMISSION CIVIL

24-03-2026

Orders

01-04-2026
HON'BLE SHRI JUSTICE AJIT B. KADETHANKAR

Summary The High Court of Bombay at Aurangabad dismissed the Writ Petition filed by Gulabsingh Chavan challenging the Minister's order that restored a Fair Price Shop (FPS) License No. 74 to Indubai (Respondent No. 5). The court held that a FPS License cannot be transferred based on a Will Deed (which only becomes effective after death) or a Partnership Deed, as government policy permits transfer only in specific circumstances like succession upon death. The earlier ministerial order transferring the license to the petitioner via a partnership arrangement was found to violate the legal principle "what cannot be done directly cannot be done indirectly," and therefore could not be sustained. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary The High Court of Bombay at Aurangabad dismissed the Writ Petition filed by Gulabsingh Chavan challenging the Minister's order that restored a Fair Price Shop (FPS) License No. 74 to Indubai (Respondent No. 5). The court held that a FPS License cannot be transferred based on a Will Deed (which only becomes effective after death) or a Partnership Deed, as government policy permits transfer only in specific circumstances like succession upon death. The earlier ministerial order transferring the license to the petitioner via a partnership arrangement was found to violate the legal principle "what cannot be done directly cannot be done indirectly," and therefore could not be sustained. This case analysis is maintained by casestatus.in based on publicly available court records.

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