LAWS(J&K)-2019-5-105

NAZIR MOHD. Vs. UNION OF INDIA

Decided On May 21, 2019
Nazir Mohd. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioners have been granted licenses by the Directorate of Food and Supply for storage and sale of kerosene oil in the areas identified as per licence deed in the district of Jammu. A fixed number of households had been allocated to each of the petitioners, whom they had to serve on a monthly basis.

(2.) The grievance of the petitioners is that whereas 660 kls of kerosene oil was the requirement for district Jammu, at the time of seeking the quota from the Union of India, which has now been reduced to 420 kls by the State Government. The argument is that the quota could not have been reduced for Jammu District and allocated to a different district, when the quota had specifically been obtained for the Jammu district. This in turn, it was urged, affects the rights of the petitioners whose sole business is dependent upon the storage and sale of the aforementioned product.

(3.) It is further stated that after making the requisition within a period of one month, how the requirement of the Jammu district could change cannot be explained on any rational hypothesis. It is thus stated that the rejection of the allocation for Jammu district from 660 kls to 420 kls is totally arbitrary.