(1) WP. 1562.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1562 OF 2009 Jamner Kerosene Hawkers' Union, Jamner, Tq. Jamner, Dist. Jalgaon Through its President PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. M.S. Deshmukh, Advocate for the Petitioner. Mr. S.K. Kadam, A.G.P. for the Respondent-State. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 14TH JUNE, 2011 ORAL ORDER:- 1. The present Petition has been filed by a Union of Kerosene Hawkers. The petitioner contends that the order issued in 2009 being Maharashtra P.D.S. Kerosene Wholesalers Semi-wholesalers and Hawkers (Licensing) Order, 2009 is not applicable to hawkers and that the issuance of the order is illegal, arbitrary and bad any law. 2. An affidavit has been filed by the District Supply Officer, Jalgaon on behalf of the respondents (2) WP. 1562.2009 2 to 4. He has stated therein that the aforesaid order hereinafter called "The 2009 Order" will not apply to hawkers and retailers unless the Licensing Order of 1979 is amended. A letter dated 24.2.2009 issued by the Under Secretary, Food, Civil Supplies and Consumer Protection Department to the Divisional Commissioners indicates that the Government does not propose to make the 2009 Order applicable to the hawkers and retailers until it amends the 1979 Licensing Order. 3. We accept the statement made on behalf of the State. Petition is disposed of in terms of that statement. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp