1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.682 OF 2009 M/s. Dhanashree Enterprises, A registered partnership firm, Through its partner, Lalchand s/o Hiralal Chaudhary, Age: 30 years, Occ: Business, R/o. Madhav Colony, Plot No.12, Dhule, Tq. & Dist. Dhule. ...PETITIONER VERSUS 1. The State of Maharashtra, Through its Principal Secretary, Food and Civil Supplies and Consumer Protection Department, Mantralaya, Mumbai. 2. The Additional Collector, Dhule, Tq. & Dist. Dhule. ...RESPONDENTS ... Shri. P.S. Dighe, Advocate for Petitioner. Shri. V.H. Dighe, A.G.P. for Respondents. ... WITH WRIT PETITION NO.232 OF 2009 M/S. DHANASHREE ENTERPRISES, Partnership firm, Through its partners, 2 1. Mahesh Prabhakar Chouwdhury, Age: 43, Occ: Business, R/o. Kapadane, Tq. & Dist. Dhule. 2. Lalchand Hiralal Chowdhury, Age: 33, Occ: Business, R/o. 12, Madhav Colony, Behind Natraj Talkies, Dhule. Tq. & Dist. Dhule. 3. Vaishali Lalchand Chowdhury, Age: 28, Occ: Business, R/at: 12, Madhav Colony, Behind Natraj Talkies, Dhule, Tq. & Dist. Dhule. ...PETITIONERS VERSUS 1. State of Maharashtra, Through its Principal Secretary, Food and Civil Supplies & Consumer Protection Department, Mantralaya, Mumbai. 2. The Collector, Dhule, Dist. Dhule. 3. The District Supply Officer, Dhule, Dist. Dhule. 4. Sub Divisional Officer, Dhule, Dist. Dhule. 5. The Tahsildar, Distt. Dhule. ...RESPONDENTS ... Shri. Javed R. Shaikh, Advocate for Petitioners. Shri. V.H. Dighe, A.G.P. for Respondents. ... 3 CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 17TH JUNE, 2010. ORAL JUDGMENT : ( PER NARESH H. PATIL, J.) 1. Rule. Rule made returnable forthwith. With the consent of the parties, both the petitions are being taken up for final hearing at admission stage. 2. The petitioners are the semi whole sale dealers in kerosene. The grievance of the petitioners is that 3 K.L. quota of kerosene was reduced from total 42 K.L. which the petitioners were getting till December 2008. The reduction was effective from January 2009. Being aggrieved, the petitioners approached this Court. 3. The respondents filed affidavit in reply. 4. In substance, the learned A.G.P. submitted that maintenance of quota of kerosene fluctuates 4 depending upon the supply from Oil Companies. The learned A.G.P. further submitted that in case of 20 persons, quota was reduced and the petitioner was not singled out. The anxiety of the petitioners is that if this is so, why around out of 30 dealers, few of them were chosen in whose cases, quota was reduced. 5. Normally, as far as possible, the reduction in quota could be done proportionately, in cases of exigency, short supply or in exceptional circumstances. The issue could be dealt with effectively at the administrative level. 6. The learned Counsel submitted that the representations have been made to the Collector for the said purpose. In case, the petitioners make comprehensive fresh representations within four weeks addressed to the Collector on the issue raised in the petitions, we direct the Collector/D.S.O. to hear the petitioners and pass appropriate brief reasoned order, after 5 scrutinizing the record and communicate the order within period of six weeks from the date of receipt of representation. 7. During the course of hearing, we are informed that some such identical representations were rejected by the authorities stating that some writ petitions are pending before this Court and the issue is sub-judice. It is stated that on the identical issues Writ Petition Nos. 682, 232, 1047, 1057, 1116, 1283, 8421 of 2009 and Writ Petition Nos.7950 and 7951 of 2006 were filed, out of which, except Writ Petition Nos. 7950 and 7951 of 2006, rest of the Writ Petitions are disposed of. 8. We direct that the representations filed shall be considered independently by the authorities and shall be disposed of in the light of the facts, record and the policy adopted by the State. 9. Rule made absolute, in above terms. 6 10. We express no opinion on the merits of the case. [K.K. TATED, J.] [NARESH H. PATIL, J.] SUT/JUNE10/wp682.09