Bombay High Court

Bombay High Court: Minister's Decision on Fair Price Shop Appeal Overturned Due to Delay

Updated
Oct 1, 2025 6:20 PM
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Let's dive into the legal rollercoaster involving Prakash Rathod and the Maharashtra government over a Fair Price Shop license. It's a tale of delays, legal twists, and a lot of back-and-forth!

The Fair Price Shop Saga

Prakash Rathod and Mohammad Latifoddin were in a dispute over a Fair Price Shop in Gokunda. After complaints, Mohammad's license was canceled in 2000. He challenged this, but his appeal was rejected in 2003. Meanwhile, Prakash got the shop's customers.

The Minister Steps In

In 2009, the Minister of Maharashtra partly accepted Mohammad's appeal, reversing the cancellation but imposing a fine. Prakash wasn't happy and took the matter to court, arguing the appeal was filed too late.

"The revision filed by Mohammad after an excessive delay itself was not acceptable." - Prakash's Argument

Court's First Decision

In 2010, the court agreed with Prakash, saying the Minister couldn't extend the appeal deadline without good reasons. Mohammad's appeal was dismissed, but he didn't give up.

Back to Square One

Mohammad tried again, asking for a delay to be excused. In 2022, the Minister accepted his appeal again, but Prakash challenged this decision, arguing the delay was too long to be ignored.

The Final Verdict

Judge Abasaheb D. Shinde canceled the Minister's 2022 decision, stating the delay wasn't justified. The Minister must now reconsider the delay issue separately before addressing the appeal's main points.

"The challenged order is not valid for two reasons." - Judge Shinde

What's Next?

The Minister has 12 weeks to decide on the delay issue, giving both parties a chance to present their case.

In summary, Judge Shinde ruled that the Minister's decision to accept Mohammad's appeal despite the delay was not valid. The Minister now has to look into the delay issue before considering the main appeal.