1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.844 OF 2008. Fair Price Shop Owners Association Jalna, Through its President. - PETITIONER VERSUS 1) The State of Maharashtra & Ors. - RESPONDENTS ***** None for petitioner. Mr.VB Ghatage,AGP for Respondents. ----- CORAM : S.B.DESHMUKH & K.U.CHANDIWAL,JJ. DATE : 31st August, 2010. ORAL ORDER (PER:S.B.DESHMUKH,J.) 1) None appears for the petitioner. Heard learned AGP for Respondents 2) The petitioner is an association of fair-price shop holders of Ambad Taluka, District Jalna. 3) By this petition, filed under Article 226 of Constitution of India, on 31st January, 2008, the petitioner made following prayers to 2 this Court: "(A) Writ Petition may kindly be allowed; (B) To hold and declare the members of the petitioner association as a legal and valid licensee for distribution of retail kerosene; (C) By issuing writ of mandamus or writ in like nature the publication/Jahirnama issued by Respondent No.4 dated 25.1.2008 may kindly be quashed and set aside; (D) By issuing writ of mandamus or writ in like nature, authorities be directed to issue license in favour of the members of the petitioner association for distribution of retail kerosene in prescribed form; (E) During pendency and final hearing of the present writ petition, respondent nos. 2 to 4 be restrained from taking in pursuance 3 to the publication dated 25.1.2008 and or giving effect to the same; (G) Pending hearing and final disposal of the petition, the respondents may be restrained from discontinuing the quota of the members of the petitioner; (H) Ad-interim relief in terms of prayer clause (F) and (G) may kindly be granted." 4) From perusal of the prayers, it seems that prayer clause (C) is being principal prayer. A declaration is sought by the petitioner, vide prayer clause (B) to the effect that the members of the petitioner-association are legal and valid licensees for distribution of retail kerosene. A writ of mandamus is sought, vide prayer clause (C), seeking quashment of publication/Proclamation/Jahirnama, issued by Respondent No.4 dated 25th January, 2008. Vide prayer clause (D), a writ of mandamus is sought against the respondents to issue licenses, in the prescribed format, in favour of the members of the petitioner-association for distributing retail kerosene. Certain interim reliefs are 4 also claimed by the petitioner. 5) According to the petitioner, the members of the petitioner-association have been possessing the licenses of fair price shops by and large for almost 32 to 35 years. Earlier it was a policy of the State Government to have distribution of kerosene through fair price shop holders. Somewhere in the month of December, 1995, according to said policy decision, orders were issued only to fair price shop holders. The petitioner has further made a statement that the members of the petitioner-association are the dealers, authorized by the respondents/authorities to distribute food grains under the name and style as "fair price holders" throughout the districts since about 15 years without there being any complaint by the card holders. The State Government has withdrawn its earlier policy decision and came up with fresh policy decision, thereby issuing the kerosene licenses in favour of Self Help Groups (SHGs, for short) in future, by issuing appropriate Proclamation to that effect without cancelling the existing licenses of fair price shops and retail kerosene licenses. The petitioners have reminded the State authorities of its earlier policy decision dated 15.3.1993. According to the petitioner, there is no reason for the State 5 Government to go for distribution of kerosene through SHGs. This policy adopted by the State Government and consequential publication/proclamation dated 28th January, 2008, is challenged by the petitioner in this petition. 6) This petition was before this Court on 12th February, 2008. The matter was adjourned to 20th February, 2008 at the request of learned AGP. In the meanwhile, ad interim relief was granted in favour of the petitioner, restraining the State authorities from curtailing or cancelling the licenses held by members of the petitioner until further orders. 7) Learned AGP Mr.Ghatage submits that the issue did not end here at the level of High Court. The aggrieved persons have challenged the policy of the State Government before the Hon'ble Supreme Court. The prime issue was, whether the State Government can adopt a policy of distribution of kerosene through SHGs. According to learned AGP, the policy of the State Government is ultimately upheld by the Supreme Court, holding that there is no limitation or restrictions on the part of the State Government to have such policy decision. 6 8) We have considered the pleadings set out in the writ petition and the submissions advanced on behalf of the State by learned AGP. In our view, the declaration, as sought for by the petitioner, vide prayer clauses (C) and (D) cannot be considered in view of the Judgment of the Apex Court. In our view, the issue is no more res integra and, therefore, the petition deserves to be dismissed. The Judgment and Order passed by the Hon’ble Supreme Court of India is made available to us. We have considered it in Writ Petition No.907/2008. Now, we are not reiterating the reasons. For the reasons, which we recorded in similar Writ Petition No.907/2008, we are inclined to dismiss the present writ petition. 9) In the result, the petition stands dismissed in limine. No costs. Interim relief, if any, stands vacated. (K.U.CHANDIWAL) (S.B.DESHMUKH) JUDGE JUDGE bdv/