KARABASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners in these petitions are all holders of Hawkers' licences under the Karnataka essential Commodities Licensing Order, 1986 (for short, 'licencing order" ). A few of them have also obtained authorisation under the Karnataka Essential Commodities (Public Distribution system) Control Order, 1992 ('pds Control Order' for short ).

(2.) PETITIONERS are allotted kerosene for distribution under the public distribution system to ration card holders. Petitioners claim that each Hawker who possesses a push-cart, is allotted 150 to 300 ration cards for distribution of kerosene. It is stated that each card holder is entitled to 10 litres of kerosene per month, if he does not have gas connection (and two litres per month if he has gas connection ). Having regard to the number of ration cards allotted to each Hawker, and the quantity of kerosene to which each ration card holder is entitled, each Hawker gets about 2,000 to 3,000 litres of kerosene for distribution to the ration card holders. It is stated that they are being paid a commission of 25 paise per litre of kerosene. Therefore, the maximum income a push-cart kerosene Hawker gets is only Rs. 500. 00 to 625. 00 per month. Most of the push-cart hawkers eke out a living out of the said meagre income or by working part-time elsewhere to make two ends to meet.

(3.) THE State Government, in exercise of its powers conferred under Section 5 of the Essential commodities Act, 1955 ('act' for short), has made Karnataka Essential Commodities (Public distribution System) Control Order, 1992 to regulate the distribution of essential commodities (rice, wheat, wheat products, sugar, edible oil and kerosene ). Clause 3 of the said order provides for grant of authorisation by the authorised authority; and a person obtaining an authorisation to run a fair price depot is entitled to obtain essential commodities issued under the public distribution system and distribute them to the ration card holders, residing in the area specified therein. Sub-clause (2) of Clause 3 of the PDS Control Order provides that authorisation holder shall run the fair price depot, in accordance with the terms and conditions contained in the authorisation and no other person shall sell any essential commodity supplied by the government meant for distribution under public distribution system. There is no provision under the PDS Control Order, for grant of Hawkers' licences for distribution of kerosene or any essential commodities under the public distribution system.