GH NABI KHAN Vs. STATE

JUDGEMENT

(1.) Petitioners claim to be office bearers of the District Kerosene Oil Association. The claimants have filed this writ petition for the benefit of all the kerosene oil dealers of Kashmir. The claimants are licence holders as retailors for distribution of kerosene oil under J&K Licencing Order 1974 issued U/s. 3 of the Essential Commodities Act 1955. Before SRO 141 of 1997 was issued only private persons were allowed as retail dealers to distribute and supply K. Oil at different retail out-let of the State, However, with the issuance of SRO 141 on 17.4.97 Cooperative Societies registered under J&K Cooperative Societies Act, 1960 were also supplied kerosene as dealers alongwith private person. This has been done with a view to rationalize and strength the public distribution retail system with a view to do away practice of monopoly and encourage competitative spirit in this field of activity to promote efficiency, stablise prices and ensure smooth distribution of Kerosene oil to the public at large. The present position therefore, is that both private retail dealers and co-operative society are dealing in Kerosene oil on the basis of roaster system issued by Dy. Commissioner/ Food and Supplies Department for distribution of Kerosene oil at retail level among private retail dealers and the concerned co-operative Society.

(2.) Writ petitioners take objection to and complain of order dated 24.2.2002 passed by Commissioner/Secy, to Government Food & Supplies Department seeking views of Director Food and Supplies Kashmir with regard to entrusting Co-operative Department of the Government, of sale and distribution of K. oil for Kashmir Valley except Srinagar, from present system. Matter being dealt with by Food and Supplies Department, Director Food & Supplies was also asked to work out modalities for such transfer in consultation with the Registrar Co-operative Societies J&K before formal Govt. order is issued by the Administrative Department. Obviously this order (Annexure P-c) is not deciding anything presently. At the most communication can be spell-out as seeking information and views and workout modalities at formative stage before the issuance of formal orders stage reaches. By such action no rights of the petitioners are violated. State Government and its officials are not obligated to follow a particular policy or to act in a certain manner and mode beneficial to petitioners. It is not denied that presently the kerosene oil is sold and distributed both by private licenced retail dealers and Co-operative Societies as per the existing policy of the Govt. guided by consideration to reach ordinary man and encourage competition rather than monopoly in the field so far as this essential commodity is concerned and with that end in view the policy has not under-gone any change and interests of the petitioners are not adversely affected. Writ petition appears premature and there is no cause as at present for petitioners to approach the court.

(3.) In the view taken as above, the writ petition cannot succeed and while dismissing same at this pre-admission stage, it hardly needs to be stated that the Govt. shall deal with and distribute Kerosene oil at retail level in terms of and in accord with its proclaimed policy and statutory rules and orders, as amended, from time to time, issued u/s 3 of the Essential Commodities Act, 1955. Disposed of. Petition dismissed.