1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3743 OF 2009 1) Smt. Wajeda Begum w/o Late Sayyad Daud, R/o-Mastanpura, Tq. & Dist- Nanded, 2) Syed Gufran s/o Sayed Daud, R/o-As above. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Food, Civil Supplies and Consumer Protection Department, Mantralaya, Mumbai-32, Through the Minister, 2) The Deputy Commissioner (Supply), Aurangabad, 3) The Additional Collector, Nanded, 4) The District Supply Officer, Nanded, Dist-Nanded. ...RESPONDENTS. ... Mr.P.V. Mandlik, Senior Counsel i/b. Mr. A.S. Gandhi Advocate for Petitioner. Mr.N.B. Patil, A.G.P. for Respondent Nos.1 to 4. ... 2 CORAM: K.K. TATED, J. DATE : 1ST SEPTEMBER, 2009. PER COURT : 1. Heard learned senior counsel for the Petitioner and learned A.G.P. for Respondents. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, matter is taken up for final hearing at the stage of admission. 2. By this Petition under Article 226 and 227 of the Constitution of India, the Petitioner is challenging the order dated 9th February, 2009 passed by the Additional Collector, Nanded in File No. 2008/CS/Office-2/EST-3/KV on the ground that the Additional Collector, Nanded failed to consider the Government Resolution No. Kersone-2199/2000/PRA.KRA.112/NP-27 dated 16th August, 2001. It is the case of the Petitioner that as per order dated 8th March, 2007 passed by this Court in Writ Petition No.548 of 2007 (Coram: B.R. Gavai, J.), the Additional Collector, Nanded heard Petitioner's application for granting kerosene license in the name of 3 Sayyad Tavakkal Imran s/o Sayyad Daud. The said application decided by the Additional Collector, Nanded on 6th June, 2007. Thereafter office of the Collector, Nanded by letter dated 9th July, 2007 directed Petitioner No.1 to submit relevant documents for issuing license in the name of Sayyad Tavakkal Imran s/o Sayyad Daud. Before submitting the relevant documents, Sayyad Tavakkal Imran s/o Sayyad Daud expired on 18th December, 2008. Therefore, the Petitioner filed application dated 12th January, 2009 requesting to the authority to issue kerosene license in the name of Petitioner No.2 Syed Gufran s/o Sayed Daud brother of deceased Sayyad Tavakkal Imran s/o Sayyad Daud. The said application came to be dismissed by order /communication dated 9th February, 2009 on the ground that there is no provision in the Government Resolution to transfer the kerosene license in the name of brother as legal heir. 3. Admittedly the Additional Collector, Nanded has not considered the Government Resolution dated 16th August, 2001 in proper perspective. Learned A.G.P. appearing on behalf of the Respondents, on instructions from Mr. S.A. 4 Zadke, Assistant District Supply Officer, Nanded, makes a statement that Additional Collector, Nanded is ready to hear the Petitioner on his application dated 12th January, 2009, and after hearing and considering the Government Resolution dated 16th August, 2001, he will pass appropriate order. In view of the statement made by learned A.G.P. for the Respondents, the impugned communication/ order dated 9th February, 2009 is set aside and the matter is remanded back to the Additional Collector, Nanded to decide the Petitioner's application dated 12th January, 2009 after hearing the Petitioner, within four weeks from the date of communication of the present order. 4. Rule is made absolute on the terms indicated above. Writ Petition is disposed of accordingly. [K.K. TATED, J.] asb/SEPT09/wp3743.09