IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17573 of 2008 ====================================================== Jagann Nath Jha, son of Late Raj Dhar Jha, resident of village Karmauli, Police Station Khajauli, Distirct Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, Madhubani 3. The District Supply Officer, Madhubani 4. The Block Supply Officer, Kaluwahi, district Madhubani .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satish Chandra Jha Mr. Pushpa Rani For the Respondent/s : Mr. (GP11) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 4 04-11-2011 The petitioner has filed this writ application making a prayer that the order as contained in Annexure-5 should be implemented by the District Supply Officer and that the respondents should be asked to deliver 1800 litres of Kerosene Oil to the petitioner for the nine hats which are situated within the aforesaid area. A counter affidavit has been filed in which it is stated that the State Government has nationalized the allotment of Kerosene Oil. It is stated that earlier, the petitioner was getting 1800 litres of Kerosene Oil per month as per the order of the Collector as contained in Annexure-5, but after issuance of Patna High Court CWJC No.17573 of 2008 (4) dt.04-11-2011 2 / 3 2 Annexure-8 dated 27.03.2008, the Thela Vendors are allotted 1000 litres of Kerosene Oil per month. Learned Counsel for the petitioner submits that even if the facts as stated in the counter affidavit were to be accepted, the District Supply Officer is only making allotment of 750 litres to the Thela Vendors in contrast of the provision of Annexure-A to the counter affidavit, which provides for allotment of 1000 litres of Kerosene Oil. It is further submitted that as per paragraph 5 of Annexure-A, excess Kerosene Oil can be allotted at the district level after it is recommended at the district level by the District Magistrate. Considering the submissions made on behalf of the petitioner and after going through the counter affidavit filed on behalf of the State and especially Annexure-A, this Court directs that the decision of the State Government as contained in Annexure-A should be followed by the District Supply Officer in letter and spirit. If the petitioner wishes for any extra supply of Kerosene Oil, he has to make an application before the District Magistrate along with the reasons for the demand of extra Kerosene Oil. In case, such an application is filed, the District Magistrate will dispose it of in accordance with the notification Patna High Court CWJC No.17573 of 2008 (4) dt.04-11-2011 3 / 3 3 of the Food and Consumer Protection Department, Government of Bihar dated 27.03.2008. This writ application is disposed of with the aforesaid observations and directions. Prabhakar Anand/- (Sheema Ali Khan, J)