LAWS(MPH)-2015-4-106

MOHAMMAD ALI Vs. THE STATE OF MADHYA PRADESH

Decided On April 28, 2015
MOHAMMAD ALI Appellant
V/S
The State of Madhya Pradesh Respondents

JUDGEMENT

(1.) THE issue as rightly been pointed out on behalf of respondent State of Madhya Pradesh, as the issue raised in this petition, i.e., challenge to order dated 29.12.2014, has been settled at rest by Division Bench of this Court vide order dated 8.12.2014 in W.P. No. 4720/2014 and W.P. No. 5171/2014.

(2.) THE said writ petition was decided in the following terms:

(3.) The definition of parallel marketing system does not recognize distribution of kerosene by the mechanism of Hawker Card Holders, but, is a completely different dispensation. Suffice it to observe that the petitioners have no subsisting right whatsoever so as to direct the State Government to continue to supply kerosene to the petitioners as Hawker Card Holders and to authorize them to engage in retail sale of Kerosene in open market in the concerned area. In absence of any legal right, the question of entertaining these petitions much less to grant any relief to the petitioners in exercise of writ jurisdiction under Article 226 of the Constitution of India does not arise. Hence, none of the reliefs claimed by the petitioners can be taken forwarded.