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1998 DIGILAW 1213 (RAJ)

Thana Ram v. State of Rajasthan

1998-11-17

B.J.SHETHNA

body1998
Honble SHETHNA, J–These three petitioners of different wards of Balotra (District Barmer) have filed this joint petition and prayed that the respondents be directed to provide kerosene to them to sell it to the consumers who are holding ration-cards. According to them, they are also having fair-price shops and they have been granted licence/authorisation to run such shops and sell sugar, wheat, etc. However, they were not supplied kerosene to be sold to the ration-card holders in their respective wards of Balotra as the same was sold through the retailers. State of Rajasthan by its order dated 03.10.94 ordered that kerosene should be sold through fair-price shops only. Their grievance is that though the order dated 03.10.94 (Annex.-1) was passed they were not supplied kerosene to sell to the consumers holding ration-cards for which they made several representations in 1998 but the same remained unreplied. (2). By order dated 22.09.98 (Annex.-9) passed by the Collector- respondent No.1 it was ordered that kerosene should be distributed through fair-price shops only instead of selling it through the retailers. In pursuance of that order, the Sub- Divisional Officer-respondent No.2 passed an order dated 12.10.98 (Annex.-10) for distribution of kerosene in favour of seven persons. The grievance made in this petition by the present petitioners is that they are also having fair-price shops and they should have also been authorised to sell kerosene through their shops and not passing order in their favour is in violation of Article 14 of the Constitution. The persons in whose favour order Annex.-10 is passed are not joined as party-respondents in this petition. That apart, these are administrative decisions and looking to the exigencies of the matter if the S.D.O. has passed an order to distribute kerosene through seven persons the petitioners have no right much less fundamental right to challenge the same by way of writ petition. In fact, in such matters the writ petition would not be at all maintainable. Authorisation/licence to run the fair-price shop is given by the authority with conditions. The very fact that the petitioners have not been granted permission to sell kerosene right from 1994 shows that the deci- sion at Annex.-10 is just and proper. (3). Under the circumstances, there is no substance or merit in this writ petition. It fails and is dismissed accordingly.