MYSORE CITY KEROSENE HAWKERS SANGHA Vs. STATE

JUDGEMENT

(1.) THE petitioners herein have challenged the validity of the notices dated 9. 12. 1996 issued by the 4th respondent - Rationing Officer cum Assistant Director (Food) (ann. 'd' to 'g' ). whereunder they have been directed to acquire a shop premises for setting up a retail outlet for distribution of kerosene oil.

(2.) IT appears that the petitioners have been holding Hawker's licence under the provisions of karnataka Kerosene Dealers Licensing Order, 1969, has been repealed by the Karnataka essential Commodities Licensing Order, 1986. Therefore their licence granted up to December 1996 were justifiable only under the provisions of the existing licensing order. It further appears that on the strength of the Hawker's licences they were permitted to sell kerosene oil meant for distribution to card holders under the public distribution system.

(3.) UNDER Clause 2 (f) of the 1986 Licensing Order 'hawker' has been defined thus " a person who carried kerosene from place to place for sale to persons other than a dealer; provided that the Licensing Authority may in public interest also specify the place or places in which. or hours during which, the hawker shall sell kerosene. "