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1998 DIGILAW 95 (BOM)

Ulhas Dattaram Narvekar v. Mamlatdar of Taluka Pernem and others

1998-02-17

N.J.PANDYA, R.K.BATTA

body1998
JUDGMENT - N.J. PANDYA, J.:---Making the Guidelines (Exh. 'F' at page 24) to be the basis, the petitioner has a grievance that within the radius of 3 kms. a licence has been issued for running a Fair Price Shop. The petitioner himself is running two shops under licence and the direct impact of the impugned action is that some of the card holders would be affiliated with the new licensee. 2.We have gone through the guidelines. We are not convinced that that can be made the basis for getting a writ issued in favour of the petitioner in the manner prayed for. In our opinion, the guidelines are for the purpose of regulating the distribution of licences in a proper manner so that the avowed purpose of the distribution system of making the food grains available to the needy people in the best possible manner is achieved. 3.Obviously, therefore, the Guidelines could never be a basis for making the prayer that within the radius of 3 kms. no licence can be issued. In other words, the Guidelines do not have the force of law, violation of which will give rise to the cause for filing writ petitions. Guidelines are Guidelines and they are to be treated as such. 4.The other basis is that he should have been heard before the licence was issued. The relevant Order (Exh. 'G' at page 27), particularly Rule No. 5 thereof (page 28) provides for hearing only in cases of cancellation of licences. This not being the situation here, that ground is not available to the petitioner. 5.Under the circumstances, there is no substance in the petition. Dismissed. Rule discharged. Interim relief, if any, vacated. Petition dismissed. *****