CHANDGI RAM SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner, who is an agriculturist, Member of a Cooperative Society and a consumer of village Panchayat Mungavli District Morena, has filed this Probono Publico Petition under Article 226/ 227 of the Constitution of India.

(2.) Petitioner's contention in a nutshell is that the respondents without having any statutory policy, notification, rules and schemes prescribed by the State Government under the Essential Commodities Act are allotting the kerosene oil to the Gram Panchayat situated in Morena District and permitting the Gram Panchayat to distribute the kerosene oil by ignoring the statutory provisions of law. Under the Public distribution scheme the kerosene oil can only be distributed through the cooperative societies. This action of the respondents permitting the Gram Panchayat to distribute is absolutely illegal and no such kerosene oil can be permitted to be distributed through the Gram Panchayat situated in Morena District and has prayed that circular dated 13.4.2000 (Annexure P/5) issued by the Collector District Morena be quashed and his contention is that distribution should be regularised as per the directions contained in Madhya Pradesh (Khadya Padarth) Sarvajanik Nagrik Poorti Scheme 1991 (hereinafter shall be referred to as "Scheme of 1991") only through cooperative societies.

(3.) In reply, the contention of the State Government is that the circular dated 13.4.2000 (Annexure P/5) has been issued in public interest by the Collector with a view to effectively regulating the business of distribution of kerosene to the general public through the Gram Panchayat where the Government public distribution outlets are not available. The further submission of the respondent State is that the particular order under challenge has been passed with a view to preventing black- marketing and in the interest of general public. It is also the stand of the State Government that the petition has been filed with ulterior motive for the quashment of the order dated 13.4.2000 (Annexure P/5), which has been issued in public interest with a view to distributing the kerosene oil to Gram Panchayat situated in District Morena where no Government public distribution outlets are available. It is further contended that the petition has been filed with vested interest as he is the member of a particular cooperative society and because the licence was not issued in favour of his society for a particular year, therefore he has challenged the distribution through the Gram Panchayat.