1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5814 of 2009 Rajashree Basavraj Bavi .... Petitioner V/s. The District Supply Officer ­ Collector Office (Supply) Solapur and Ors. ..... Respondents Mr.Satyajeet Dighe i/by S.K.Shinde and Sagar Kasar, for the petitioner. Smt.S.S.Bhende, AGP, for the respondent – State. CORAM :P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 23TH APRIL, 2010 P.C. 1. By way of this petition, petitioner has challenged the Government Resolution dated 03­01­2006 issued by the Principal Secretary, Food and Civil Supply and Consumer Protection Dept., State of Maharashtra. The petitioner is running a fair price shop. One Mr.Mehboob Shaikh was holding a licence for distributing kerosene under the Maharashtra Kerosene Licence Order, 1966. Since the said licence was cancelled because of irregularities committed by the said person, that the petitioner was permitted to distribute kerosene in connection with the card holders of the said shop. The petitioner thereafter, applied by an application dated 18th August, 2008 for grant of licence for sell of kerosene 2 on retail basis. Said request is not granted in view of the fact that the Government has framed various guidelines by a Government Resolution dated 03­01­2006 and 03­11­2007, wherein the policy is evolved as to how such licence should be given. 2. It is not in dispute that the petitioner has not been granted licence for selling kerosene and in view of the Government Resolution, before giving such licence, procedure prescribed is to be completed. The challenge to the said Government Resolution is in our view, is without any substance, as the guidelines in the said G.R., have been framed pursuant to the directions of the Supreme Court in Writ Petition No.196 of 2001, which is based on the basis of the report submitted by Justice D.B.Wadhwa’s Commission. 3. Learned AGP for the State pointed out that the said G.R., has been issued in consonance with the directions of the Supreme Court and on the basis of the report of Justice Wadhwa’s Commission. She further pointed out that in view of the said G.R., advertisement will be given in the newspapers and in case, petitioner applies for the licence and if his case falls under the G.R., his case will be considered. The said statement is recorded. 4. Learned counsel for the petitioner submitted that as and when advertisement is given for the distribution/issuance of licence, the 3 petitioner may apply for the same. In case the petitioner applies for the issuance of licence, then the concerned department shall consider the application of the petitioner in accordance with law and the said Government Resolutions. We direct accordingly. 5. In view of what is stated above, writ petition is dismissed. Notice discharged. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J. )