1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4466 OF 2009 Abdul Wajeed Khan s/o Abdul Hameed Khan, R/o-2-5-70, Kotwalpura, Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Secretary, Food, Civil Supplies & Consumer Protection Department, Mantralaya, Mumbai- 400 032, 2) The District Supply Officer, Aurangabad, 3) The Deputy Commissioner (Supply), Aurangabad, 4) The Additional Collector, Aurangabad, 5) Shri Khandu (Bhau) s/o Hanumantrao Patil, R/o-Rajarshi Shahu Bhavan, Mhada Colony, Near Baba Petrol Pump, Aurangabad. ...RESPONDENTS. ... Mr.S.B. Talekar Advocate for Petitioner. Mr.Umakant Patil Advocate for Respondent Nos. 1 to 4. None present for Respondent No.5. ... 2 CORAM: K.K. TATED, J. DATE : 7TH AUGUST, 2009. PER COURT : 1. Heard learned counsel for the Petitioner and learned A.G.P. for Respondent Nos. 1 to 4. By this Petition under Article 227 of the Constitution of India, the Petitioner is challenging the order dated 30th June, 2009 passed by Deputy Commissioner (Supply), Aurangabad on stay application filed in Appeal No.207 of 2009. 2. It is the case of the Petitioner that District Supply Officer, Aurangabad by order dated 24th June, 2009, suspended his license for transportation of kerosene on the flimsy grounds that the Petitioner diverted the tanker to Malegaon instead of Aurangabad on 22nd June, 2009. Against the order dated 24th June, 2009 passed by District Supply Officer, Aurangabad, the Petitioner preferred Appeal before the Deputy Commissioner (Supply) Aurangabad on 29th June, 2009. In the said Appeal, the Petitioner preferred stay application and the same came to be rejected by order dated 30th June, 2009. The Appellate Authority relied on 3 tanker tracking system dated 13th January, 2006 and held that the Petitioner failed to follow the said system i.e. to take his tanker to a particular destination by particular road prescribed in the said system. 3. Learned A.G.P. appearing on behalf of Respondent Nos. 1 to 4 produced on record a circular dated 17th December, 1976, in which it is specifically stated that the same is for fixing kerosene prices at retail stage in the Districts and for that purpose shortest route to be taken into consideration while applying the rates of transportation of kerosene and uniform lead of 50 k.m. RTD to be given. No where it is stated in the said circular dated 17th December, 1976 that tankers to be moved by a particular route only. On the other hand, learned counsel appearing on behalf of the Petitioner relied on a letter dated 22nd January, 2005 issued by Bharat Petroleum Corporation Ltd. wherein it is specifically stated that the company has not fixed any route for transportation of kerosene. 4. In any case, the Appeal preferred by the Petitioner against the order dated 24th June, 2009 is pending 4 before the Deputy Commissioner (Supply), Aurangabad. Considering the facts of the present case, I am directing the Appellate Authority i.e. the Deputy Commissioner (Supply), Aurangabad, to decide the Appeal preferred by the Petitioner being Appeal No.207 of 2009 as early as possible. In meanwhile the execution, operation and implementation of the order dated 24th June, 2009 passed by the District Supply Officer, Aurangabad is stayed. 5. Writ Petition is disposed of accordingly. [K.K. TATED, J.] asb/JULY09/wp4466.09