(1) wp6795-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6795 OF 2009 Suresh s/o Macchindra Patil & others PETITIONERS VERSUS The State of Maharashtra and others RESPONDENTS .... Mr. V.D. Salunke, advocate for the petitioners. Mr. D.R. Kale, A.G.P. for the respondent/State. Mr. N.P. Patil (Jamalpurkar), advocate for the respondent No. 5. .... CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATE : 4th MAY, 2011 ORAL ORDER : 1. The petitioners had approached this Court contending that the kerosene quota allotted to them had been stopped illegally and instead, it had been allocated to other dealer who had a valid license for the sale of kerosene. 2. On 9th October, 2009, ad-interim stay to the impugned order dated 4th September, 2009 was granted. Accordingly, kerosene continued to be allotted to (2) wp6795-09 them for sale. 3. It appears that during the pendency of the present petition, the petitioners preferred writ petition Nos. 2619/2011, 2698/2011 and 2703/2011, which have been disposed of by the order dated 8th April, 2011, by the Division Bench of this Court, to which one of us (M.T. Joshi, J.) was a party. The order passed in the aforesaid petitions and other connected matters was in terms of the earlier decision of the same Bench in Writ Petition Nos. 1950/2011 to 2275/2011. The Circular dated 31st January, 2011, issued by the State Government through its Principal Secretary, Food Civil Supply and Consumer Protection Department and the Proclamations issued by the District Supply Officers, inviting applications for allotment of retail kerosene dealerships were challenged in those petitions. 4. The Division Bench while disposing of the writ petition Nos. 1950/2011 and other connected matters, has passed the following order. (3) wp6795-09 "a) The State Government and their authorities are directed to make it clear to all applicants, who will be applying for Kerosene Retail Licenses, in pursuance of the Proclamations issued or to be issued that the licenses, if granted, would be subject to outcome of the Interim Application No.90 of 2009 and/or Writ Petition no. 196 of 2001, pending in the Supreme Court and/or subject to further directions, if any, issued therein. The State Government shall also make this clear, either by issuing corrigendum or by informing all the applicants in writing. The Government and its Authorities shall also make an endorsement to that effect on the licenses, as and when issued. b) It is open to the petitioners to approach the State Government, within a period of three weeks from today, seeking correct interpretation of the G.R. of 2007. If the petitioner/s approach the State Government, their application/representation may be considered expeditiously. c) It is open to the State Government to interpret the G.R. of 2007 and/or make their stand clear to the petitioners or to the Supreme Court in respect of the Fair Price Shops, which distribute kerosene to (4) wp6795-09 card-holders without licenses. d) The kerosene quota of the petitioners shall not be dis-continued till licenses are issued in favour of the Self-Help Groups as per the order of the Supreme Court dated 10.5.2010, in their villages." 5. In our opinion, therefore, the present petition has become infructuous as the reliefs prayed for with respect to the quota of kerosene for the petitioners, have already been granted in the aforesaid petitions filed by them by the Division Bench by its order dated 8th April, 2011. Accordingly, the present petition is dismissed as infructuous. [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] NPJ/wp6795-09