IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1039 of 2007 SHYAM BABU PRASAD & ORS Versus THE STATE OF BIHAR & ORS ----------- 02. 29.01.2010 The writ in question came to be filed on 24th January, 2007. State has failed to file any counter affidavit despite passage of so many years. Petitioners got aggrieved because vide order dated 14.4.2006 (Annexure-5), issued by the Collector, Sitamarhi, the quota of kerosene oil supplied to the Thela vendors, in the district and town of Sitamarhi came to reduced from 1600 ltrs to 600 ltrs. Submission of the counsel for the petitioners is that the action of the District Magistrate does not seem to be in conformity with earlier policy decision of the State Government and cutting down the quota of allocation is not based on any rationale. It is further urged that such a drastic reduction in the quota virtually has the effect of taking away the right and livelihood of the Thela vendors who are serving under the licence having been issued by the Department of Food and Civil Supplies for vending kerosene oil in the respective order. In this regard the petitioner has brought on record an earlier decision passed by this Court in CWJC No. 5315 of 2004 (Annexure-3). There is no counter affidavit on behalf of the State which could have some light on the rationale of such a decision taken by the District Magistrate but any decision taken in this regard which has a bearing on the very survivorship of these 2 petitioners who are dependant on the licence of the allocation, must be based on some rationality and keeping in mind the survival from the trade in question. A welfare State which we profess under the Constitution has to take into consideration the claim of the petitioners, who are dependant on the State for their livelihood. Such a drastic reduction from 1600 ltrs to 600 ltrs. is a big jump in the volume of business and therefore requires reconsideration. Let the matter be looked into by the Secretary of the Department of Food and Civil Supplies, Government of Bihar, may be at the State level and take an appropriate decision so that the interest of the vendors as well s the consumers are taken care of. The Court expects some kind of decision in this regard and a guideline within a period of three months from the date of communication / production of a copy of this order. The writ application stands disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J )