1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3492 OF 2007 Shri. Mohan s/o Gaibinath Shinde, Age: 49 years, Occ: Service and Business, R/o. Kallam, Tq. Kallam, District Osmanabad and others. ...PETITIONERS VERSUS The State of Maharashtra, through the Secretary, Food and Civil Supply Department, Mantralaya, Mumbai - 32 and others. ...RESPONDENTS ... Smt. M.A. Kulkarni, Advocate for Petitioners. Shri. V.B. Ghadge, A.G.P. for Respondents. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 7TH JUNE, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. At the relevant time, the petitioner No. 1 was 2 working as Assistant Teacher in the unaided private school. The petitioner No. 2 was working as Peon in the private school. The petitioner No. 3 was working as Clerk in Zilla Parishad. The petitioner No. 4 was working as Assistant Teacher in the school. All these petitioners were granted retail kerosene dealer license except the petitioner No.1, who was granted semi wholesale dealer license of kerosene. 3. According to the learned Counsel appearing for the petitioners, the petitioners were dealing in sale of kerosene since last many years. Under Government Resolution dated 13-10-2006 the license of the petitioners came to be suspended. Notices were issued to them by respondent No.4. The petitioners thereafter approached this Court challenging the validity of the said Government Resolution. 4. The respondents filed affidavit in reply. Reliance was placed on Rule 16 of the Maharashtra 3 Civil Services (Conduct) Rules, 1979. The object of the Government Resolution is therefore made clear. The restrictions imposed by the resolution are therefore in the interest of public at large. They are reasonable and sustainable. 5. Learned Counsel for the petitioners, on instructions, prayed for withdrawal of the Writ Petition. In her submissions, the licenses are suspended till Government frames guidelines consequent of Government Resolution dated 13-10-2006. 6. It is a fact that the licenses to deal in kerosene were granted to the petitioners more than 15 years back. The Government issued certain guidelines under Government Resolution dated 13-10-2006, under which it was directed that the Government servants shall not be permitted to run such dealerships. Clause-D of the said Government Resolution refers to the persons other than Government servants who are engaged in full time 4 private service. 7. We do not find any ambiguity in the Government Resolution dated 13-10-2006. It is unconceivable idea that the teacher or the Clerk, working in the Zilla Parishad is permitted to run kerosene dealership. Running of such dealership is a full time job and as a matter of policy, a teacher cannot be expected to run kerosene shop, who is discharging his duties as a teacher. Same principle is applicable to other persons like Peon or Clerk, working in responsible Institution like Zilla Parishad. 8. We direct the Government to call for report from the Collector of each District of the State as to whether identical cases are still existing and if such cases are brought to the notice of the State authorities, appropriate action under Government Resolution, rules and guidelines shall be taken after appropriate show cause notices to the concern. 5 9. The petition is allowed to be withdrawn. Writ Petition is dismissed as withdrawn. . Authenticated copy of this order be given to the learned A.G.P. [K.K. TATED, J.] [NARESH H. PATIL, J.] sut/JUNE10/wp3492.07