LAWS(BOM)-2003-2-54

SAU UJWALA ANILKUMAR JAIN Vs. STATE OF MAHARASHTRA

Decided On February 27, 2003
SAU UJWALA ANILKUMAR JAIN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) RULE, returnable forthwith.

(2.) THROUGH this writ petition filed under Article 226 and 227 of the constitution of India, the petitioners seek a writ of this Court to quash and set aside impugned order passed by the District Supply officer, Dhule dated 20. 11. 2002, in pursuance to the order dated 4. 10. 2002 passed by the respondent no. 2, the Honourable Minister, Food and Civil Supplies Department, government of Maharashtra and the respondent no. 3 Desk officer, Food and Civil Supplies Department, Government of Maharashtra, granting retail dealer's kerosene licence as a 'khas Baab' (special case) in favour of respondent no. 7 Sau. Anita (kalpana) Bhagwan Chaudhari. The petitioners also pray for issuance of directions to the respondents to continue to supply quota of kerosene allotted to them earlier and to restrain the authorities from reducing the quota of kerosene as allotted to them for the month of November, 2002.

(3.) THE Petitioners contend that they were running fair price shops since 1996 at village Mukatee, taluka and District Dhule. By letter dated 9th April, 2002, the petitioner No. 1 requested the respondent no. 4 District supply officer, Dhule to reduce her kerosene quota from 5220 to 3000 Ltrs. Accordingly, the quota was reduced and now quota was granted to the petitioner's fair price shop. The petitioner no. 1 in her communication dated 9. 4. 2002 addressed to the District Supply Officer had stated that the quota of 3000 Ltrs. of kerosene was sufficient for the purposes of distribution to the card holders. This figure was arrived at by the petitioner no. 1 after considering the demand of the card holders of the village.