1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8310/2009 Deepak Shankar Pawar Age 45 years, Occ-Business R/o Taloda, Tq.Taloda District Nandurbar. .. PETITIONER VERSUS 1] The State of Maharashtra Through the Secretary, Food, Civil Supplies & Consumer Protection Department, Mantralaya, Mumbai-32. 2] The Hon’ble Minister for Food, Civil Supplies and Consumer Protection Department, Mantralaya, Mumbai. 3] The District Supply Officer Nandurbar, Taluka & District Nandurbar. 4] Jagatmal Nandmal Sindhi, Age 58 years, Occ-Business, R/o Borad, Taluka Taloda, District Nandurbar. 2 5] M/s Jay Manudevi Oil Depot, Taloda, Taluka Taloda, District Nandurbar. .. RESPONDENTS .... Shri Girish Rane,Adv.for petitioner. Shri K.M.Suryawanshi,AGP for State-Respondents 1 to 3. Shri D.B.Thoke-Patil,Adv.for respondent no.4 Shri D.S.Bagul,Adv.for respondent no.5 .... CORAM : R.K.DESHPANDE,J. DATE : 27/7/2010. ORAL JUDGMENT: 1] This Writ Petition challenges the order dated 31/8/2009 passed by the Minister, Food, Civil Supplies and Consumer Protection, renewing the kerosene license of the respondent no.4 beyond 31/12/1996 and transferring it in the name of respondent no.5 a partnership firm i.e. M/s Jay Manudevi Oil Depot,Taloda, Taluka Taloda,District Nandurbar. 2] Notice in this matter was issued on 8/12/2009. The 3 learned A.G.P. appeared for respondent nos.1 to 3, Shri Thoke Patil, the learned counsel appeared for respondent no.4 and Shri Bagul, the learned counsel appeared for respondent no.5. The learned counsels for the parties agree that the matter can be disposed of at the stage of admission. Hence, Rule. Rule made returnable forthwith. By consent of the learned counsels for the parties, Petition is heard finally. 3] The Minister has granted renewal of kerosene license, which had expired on 31/12/1996 in terms of the Government Resolution dated 29/9/2004. He has further passed an order transferring the kerosene license from the respondent no.4 to respondent no.5-the partnership firm. The provisions of Government Resolution dated 29/9/2004 which is placed on record contemplate that the proposal for renewal of license beyond the period of 120 days should be considered in exceptional cases, after obtaining the report from the concerned Collector. Upon receipt of the report from the Collector, the proposals are required to be considered on its own merits at the level of the State Government. It has not 4 been pointed out that such requirement has been complied with. What was the exceptional case and whether the report of Collector was obtained, has not been stated or pointed out. Similarly, the provision regarding transfer of license from individual partnership firm has also not been brought to my notice. The contention of the petitioner is that his quota will be reduced, if the license in the name of respondent no.4 is renewed, is substantiated from the reply filed by the respondent no.3. Paragraph 5 of the said reply is reproduced below : “5] I say and submit that since the respondent no.4 has not renewed his license after 1996 due to ill health, the kerosene quota was distributed amongst 2 Semi Wholesale Dealers i.e. the present petitioner and Pradip Thakkar. The present quota of kerosene of Taloda Taluka is 144 K.L. the said kerosene quota is equally distributed in two Semi Wholesale Dealers i.e. the present petitioner and Pradip Thakkar. I further say and submit that the Kerosene quota of 2 Semi Wholesalers is not fixed, however, it is calculated as per the demand and availability of kerosene from the Government.” 5 4] In view of the aforesaid reply, it cannot be said that the petitioner is not a person aggrieved or affected by renewal of license in favour of the respondent no.4. It is undisputed position that the petitioner was not granted hearing before passing the order by the Minister. For all these reasons, the impugned order dated 31/8/2009 cannot be sustained and the same needs to be set aside, by remanding it to the Minister, for consideration of it afresh. 5] In the result, the instant Writ Petition is allowed. The order dated 31/8/2009 passed by the Minister, Food, Civil Supplies and Consumer Protection, is hereby quashed and set aside. The matter is remitted back to the Minister for Food, Civil Supplies and Consumer Protection Department, Mantralaya, Mumbai. for decision afresh in accordance with law. However, the petitioner shall be given notice of the matter and he shall be heard before passing of an order. Rule is made absolute. No order as to costs. All objections taken by all parties shall be considered by the Minister, in accordance 6 with law. The learned counsels for the petitioner and the respondent nos 4 and 5 submit that they would like to file affidavit, rejoinder, written argument and case laws before the Minister. Permission is granted. The Minister shall also take into consideration the same and pass an order. [R.K.DESHPANDE,J.] umg/wp8310-09