The Bombay High Court's Aurangabad bench on February 8 ordered the Ahmednagar District Supply Officer (DSO) to reinstate the authorization of four Mahila bachat gats or Women Self Help Groups (SHGs) from Shrirampur Taluka to open fair pricing stores within eight weeks of the date of the order.
The four Bachat Gats in Ahmednagar district, through their lawyer Shaikh M.A. Jahagirdar, claimed that the DSO's termination of their authorization was based on "unsustainable grounds" and that the state government's policy did not allow for such action in the wake of charges.
The Court stated that “in view of the prevailing status of women in India,” the authorities are required to ensure implementation of government policies of encouraging women empowerment, so that “women become independent and develop the ability to make strategic choices in all areas of their lives.”
"It would push this country ahead in attaining gender equality by their sustainable growth," the Court stated. The DSO issued notices to the petitioners on May 14, 2013 for alleged violations of the Maharashtra Scheduled Commodities (Regulation of Distribution) Regulation, 1975, based on a report by the Tahsildar, Shrirampur, which suggested that food grains were stocked unauthorizedly and that persons connected to the said bachat gats were booked and arrested.
The petitioners, on the other hand, responded by denying the charges, claiming that the food grains received are distributed according to regulations and that all associated documents are kept in a transparent manner.
On February 8, a single-judge bench led by Justice Bharati H Dangre said it couldn't help but comment on the “approach of state authorities right from the level of Tehsildar to the highest level of the state government.”
The judge observed, “It is necessary to take note of the prevailing status of women in this country, where every endeavour is made on all fronts by equipping them with the tools they need to have power and control of their own lives.”
The DSO issued an order suspending petitioners' shop authorization, prompting them to file revision petitions with the Deputy Commissioner (Supply) Nasik Division.
The Deputy Commissioner granted the pleas in part, but instructed DSO to proceed against the petitioners if they were proven guilty based on the Tahsildar's report.
The petitioners submitted new revision petitions, which the Deputy Commissioner dismissed. Following that, the Minister of Food Supply Department dismissed their appeals, causing them to file a complaint with the High Court.
The Court reviewed several Government Resolutions (GRs) and inspection reports and concluded that the orders of various authorities supporting the termination of petitioners' shop permits could not be upheld.
The bench observed, “There is no allegation faced by the petitioners that they have sold the food grains outside the shop or at a price higher than the one fixed by the Government. … It cannot be said that the fair price shops run by the petitioners demand a serious action of cancellation of their permit / authorization particularly when the fair price shops authorization is granted to the Mahila Bachat Gats with an object of uplifting of women in the village / society.”
