1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2120 OF 2010 Malegaon Taluka (Gramin) Swasti Dhanya Dukandar Sangathna : Petitioner versus The State of Maharashtra & ors. : Respondents. Mr. A R Shaikh for the petitioner Mr. P P Kakade AGP for Respondent Nos.1 and 2. CORAM : A M KHANWILKAR & R M SAVANT, JJ DATED : 25th March 2010 P.C. 1. Relief claimed in this petition is to issue directions to the State Government to the effect that a policy decision be taken by the State Government to allot retail kerosene licence to the fair price shop owners of the rural areas of villages of Malegaon Taluka and to cancell the existing licences of retail kerosene in the rural areas who are not having fair price shop licence. 2. This is essentially a policy matter of the State Government. The Court cannot direct the State Government to 2 adopt such policy lest issue directions as prayed for in absence of a policy evolved by the State Government on its own. 3. Counsel for the Petitioner placed reliance on the decision of this Court in Writ Petition No.1880 of 2000 dated 11th April 2000. This order is of no avail to the Petitioners. In that case the argument of the Petitioners was that the State Government had taken policy decision to grant kerosene retail dealership licence to the fair price shop owners. It is on that basis, the Court issued directions to the State Government to consider the representation of the Petitioners and decide the same in accordance with law. 4. Be that as it may be, it will be open to the Petitioners to approach the State Government to persuade the State Government to evolve a policy in terms of the reliefs claimed in this Petition. The counsel for the Petitioners submits that the Petitioners have already filed the representation to the State Government which is still not decided. The Petitioners are free to make fresh 3 representation and serve a copy of this Petition on the Secretary of the Food and Civil Supply Department of the State Government who in turn shall consider the same as a final representation of the Petitioners and take appropriate decision as may be advised. 5. Petition is disposed of on the above terms. (R M SAVANT, J.) (A M KHANWILKAR, J)