KEROSENE HAWKERS WELFARE ASSOCIATION GENERAL SECRETARY P BHASKAR Vs. DISTRICT COLLECTOR WARANGAL DISTRICT

JUDGEMENT

(1.) The Kerosene Hawkers Welfare Association, Warangal District, represented by its General Secretary, has filed this writ petition questioning the action of the respondents in issuing licences to new kerosene hawkers in Warangal as being highly arbitrary and in violation of the Government orders in G.O.Rt.No.419, Food and Agriculture (C.S.VI) Department, dated 19-4-1983 and seeking directions not to issue any further licences to new kerosene hawkers in Warangal and not to reduce the quota of kerosene allotted to the existing kerosene hawkers. By an order dated 17-10-1996 passed in W.P.M.P.No.20737 of 1996 this Court granted an interim direction not to reduce the existing kerosene quota allotted to the existing individual kerosene hawkers in Warangal pending further orders.

(2.) The respondents moved for vacating this interim order by filing W.P.M.P.No.l431 of 1997. When the M.Ps. came up for hearing, the learned Counsel for both parties have addressed arguments on the main writ petition itself. Accordingly the writ petition itself is being finally disposed of.

(3.) The existing system for distribution of kerosene through hawkers, "licenced retailers and Fair-Price-Shop Dealers has given rise to a spate of litigation and the same has been engaging the attention of the concerned authorities for some time past. As a matter of policy, the Government has been trying to eliminate the system of hawkers for distribution of kerosene and replace the same by licensed dealers. At the same time, the Government wanted to safeguard the interests of the genuine hawkers so as not to deprive them of their livelihood. With that object in view the Government issued orders in G.O.Rt.No.419, dated 19-4-1983 to the effect that those hawkers who were genuinely selling Kerosene as on 1-3-1983 and whose records were clean might be considered for attaching cards and giving specific place of business where they could sell kerosene and that there should not be further expansion of hawkers. Subsequently in Government memo No.3726, dated 16-1-1990, the Government ordered that kerosene be supplied through Fair-Price-Shop dealers to the maximum extent possible as in the past the system of sale by hawkers created some problems, especially, during the period when kerosene was scarce. Ultimately in G.O.No.1584, dated 26-4-1994, the Government directed that such of the hawkers who are existing as on that date may be licensed and they should be attached cards of the Fair-Price-Shops which do no have kerosene and that these licensed hawkers should keep their push-carts at the Fair-Price-Shops and deliver kerosene on cards duly maintaining the accounts and records as per the conditions of the licence. All the Collectors were directed to ensure that such of the hawkers who are distributing kerosene without licence as on that date are licenced immediately with the conditions stipulated above.