SHETKARI SAHAKARI SANGH LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these writ petitions have been grouped together since they raise common questions as regards Government resolution, dated 27th April, 1992.

(2.) WE heard Counsel for the petitioners appearing in all these petitiones.

(3.) THE dispute in these writ petitions relates to the powers exercised by the State Government under Section 3 of the Essential Commodities act, 1955. The State Government from time to time issued various government Resolutions incorporating certain guidelines and conditions relating to allocation of approved fair price shops. These guidelines prescribe certain criteria i. e, population of the village, units to be attached to each fair price shop, priority in granting fair price shops etc. In the year 1992, State Government felt the need in relaxing certain conditions as regards remote areas which are not accessable by roads. Keeping in mind the welfare and need for proper distribution of ration commodities in the tribal areas, the State Government relaxed certain conditions in the then existing guidelines by Government Resolution, dated 27th April, 1992 (Ex. C ). It is this resolution which is the subject-matter of challenge in these writ petitions