WP No. 3009/08 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3009 OF 2008 Sau. Anita w/o. Sanjay Somsay, R/o. Nandi, Tq. Vaijapur, Dist. Aurangabad & Ors. ....Petitioners. Versus The State of Maharashtra & Ors. ....Respondents. Mr. P. V. Mandlik, Senior Counsel assisted by Mr. Amol Gandhi, Advocate for petitioners. Mr. S.K. Kadam, A.G.P. for respondents. CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. DATED : 21st September, 2011. PER COURT : 1. Heard. 2. The contention of the petitioners is that they were running licensed fair price shops since last so many years and were permitted to distribute kerosene also. The petitioners challenge the publication dated 9.1.2008 made by District Supply Officer on the ground that in the light of policy decision taken by the State Government under Government Resolution dated 3rd November 2007, the State Government is not entitled to again WP No. 3009/08 2 issue fresh notification to appoint fair price shop dealers, while existing fair price shop dealers are functioning. 3. Learned Senior Counsel Shri. P. V. Mandlik submits that in the light of policy of the State Government since beginning the petitioners are not only running fair price shops, but after submitting necessary Challans, they were distributing kerosene. 4. We have perused the order passed by the Division Bench at Aurangabad [ Coram : Mohit S. Shah, C.J. & Naresh H. Patil, J. ] in Writ Petition No. 999/2011 dated 29th August 2011, the order passed by the Division Bench at Nagpur [Coram : D.D. Sinha and A.P. Bhangale, JJ ] in Writ Petition No. 303/2008 dated 15th June 2009, the judgment delivered by the Division Bench at Aurangabad [Coram : Naresh H. Patil and Shrihari P. Davare, JJ ] in Writ Petition No. 698/2008 and other connected matters dated 21st December 2010 and the judgment delivered by the Division Bench at Aurangabad [Coram : D.B. Bhosale and M.T. Joshi, JJ ] in Writ Petition No. 1950/2011 and other connected matters dated 8th April 2011. We referred the order passed by the Apex Court in the matter of People's Union of Civil Liberties Vs. Union of India and others in I.A. No. 90 in WP No. 3009/08 3 Writ Petition (C) No. 196/2001, dated 10th May 2010, wherein the Apex Court observed as under :- "We have heard learned counsel for the parties. As an interim measure, the State of Maharashtra is permitted to issue licences for Fair Price Shops and kerosene retail shops to Self Help Groups. They may distribute it through Gram Panchayat, Co-operative Society, Women/Co-operative Society run by women, Ex- Army Co-operative Society, Handicapped, Widows and greater priority would be given to the widows of Army men. Place this application on 21st July 2010" 5. Considering the policy of the State, it is observed that the State, the respondents are not entitled to issue fresh advertisement for appointing dealers to run a fair price shop in place of petitioners, in case the petitioners are still functioning as dealers appointed by the State Government. The petitioners do not have licence to deal and distribute in kerosene. Therefore, the respondents/authorities are entitled to take steps to appoint fresh dealers to distribute kerosene. In case, the petitioners are still distributing the kerosene, the respondents/authorities shall WP No. 3009/08 4 maintain status quo as on today for a period of three months. 6. With these observations, the petition stands disposed of. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/