SAKALDEO SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for a direction on the respondents to consider and convert the Kerosene Oil Hawker License into Thela License, as per the policy decision of the Government.

(2.) IT has been stated that the petitioner was granted Non -PDS License under the provision of Bihar Trade Articles (Licenses Unification) Order, 1984 for vending retail Kerosene Oil in the village -Nagwan. The said license was renewed from time to time. At the State Level Committee under the Chairmanship of Secretary. Department of Food and Civil Supply, Jharkhand. Ranchi, a decision was taken to distribute Kerosene Oil through Thela vendors giving a quota of 1000 Ltrs. each. The Government thereafter took further decision that the persons, who were having retail sale of Kerosene Oil, will be converted into Thela vendors on the basis of seniority. The Deputy Commissioner, Hazaribagh, respondent No. 2 was authorized to take decision in the matter. The State Government in view of the said policy decision invited applications from the retail Kerosene Oil licenses for their conversion into Thela vendors on 30.4.2006 giving 23rd May. 2006 as the last date for submission of the application. The petitioner, who was suffering from high fever and vomiting at the relevant time, could not file his application within the prescribed time. He submitted his application requesting for conversion of his license into thela vendor license on 26th may, 2006 after about two days of the last date of submission of the application. His application was recommended by the Sub - Divisional Officer, Sadar, Hazaribagh.

(3.) LEARNED J.C. to Sr. S.C.I, appearing on behalf of the respondents, submitted that the learned Deputy Commissioner, Hazaribagh, who is the competent authority, has considered the petitioners application and has disposed of the same by a reasoned order. It has been submitted that only 16 licensee were to be given license and the required number of licenses have been given to the concerned eligible persons and there is no arbitrariness, illegality and non - application of mind on the part of the Deputy Commissioner in not allowing the petitioners application. It has been submitted that the petitioners application has been rejected assigning the valid reasons and not only on technical ground of submitting application after delay of two days. There is, thus, no infirmity and illegality in the impugned order of the learned Deputy Commissioner, Hazaribagh.