MOHD. AMIN DAR Vs. STATE & ORS.

JUDGEMENT

(1.) Appellant is employed as salesman in SS Cooperative Society, Trehgam. The society runs a kerosene sales outlet and is allotted kerosene oil by the department of Consumer Affairs and Public Distribution for onward supply and sale to 500 households/rationees of Awoora-A, Trehgam.

(2.) Respondent, no. 3 on 29-10-2009 issued licence no. CAPD/Plan/K-Oil/112/09 in favour of one Zareefa Samad daughter of Abdul Samad resident of Tikker, Kupwara respondent no. 5 herein, and attached 750 house-holds/rationees of the area with her licence.

(3.) The petitioner questioned the licence granted to respondent no. 5 in OWP no. 1086/2009 on the ground that Nazir Ahmad granted kerosene licence by respondent no. 3 for Awoora-B, Zeiba Akhter engaged as sales woman in SS Tikker and respondent no. 5 are members of the same family and in terms of J&K Kerosene Control and Licencing Order 1974 and the guidelines issued from to time, it is not permissible to grant more than one kerosene licence to members of the same family. It was also pleaded that the licence granted to respondent no. 5 in violation of government order no. 49-FST of 1997 dated 11-3-1997.