1 W.P.No.7840/11 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.7840 OF 2011. M/s S.P.Bothra and Sons through its Partner, Praffula Subhash Bothra, Age 32 years, Occ.Business, R/o Vaijapur, Tq. Vaijapur, Dist.Aurangabad. ... Petitioner. Versus 1. The State of Maharashtra, through its Principal Secretary, Food and Civil Supplies Department, Mantralaya, Mumbai-32. 2. The Collector, Aurangabad, Dist.Aurangabad. 3. The District Supply Officer, Aurangabad. ... Respondents. ... Mr.D.S.Bagul, advocate for the petitioner. Mr.K.B.Choudhari, Addl. Govt. Pleader for State. ... CORAM : S.V.GANGAPURWALA,J. Date : 12.10.2011. 2 W.P.No.7840/11 ORAL JUDGMENT : 1. Heard. 2. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 3. The petitioner challenges the order dated 30.9.2011, issued by the Collector, Aurangabad, thereby staying the allotment of quota to the petitioner for the month of October 2011. 4. Mr.Choudhari, learned Addl. Govt.Pleader contends that by letter dated 30.9.2011, the explanation is called from the petitioner as to why he did not lift 100% kerosene quota before 25th as is required in the Circular. It is also submitted by the learned counsel that if he can satisfy the authority then no further action would be taken. The said letter only calls for explanation as the quota for the month of September was not lifted, the authority was right in not allotting the quota 3 W.P.No.7840/11 for the month of October 2011. 5. Mr.Bagul, learned counsel contends that on 23.9.2011, the amount was already deposited, there was a technical problem in the Bank for the clearance of the amount. Even the Bank has issued letter to that effect. No fault can be found with the petitioner, as such the order dated 30th September, 2011 should not have been issued. 6. The Circular relied does not give authority to the Collector to stay the quota of the future month, in case the kerosene is not lifted of a particular month. The said letter dated 30.9.2011, apart from staying the quota for the month of October, 2011 also seeks explanation from the petitioner. The petitioner is bound to file reply and explain the authority in respect of details asked from the petitioner. For that the petitioner can not make any grievance. As far as last part of the letter/order dated 30.9.2011 i.e. staying the kerosene quota for the month of October, 2011, is concerned, the same 4 W.P.No.7840/11 would be beyond the jurisdiction and the same stands quashed and set aside. Save and except the above relief, the rest of the letter dated 30.9.2011, need not be considered. 7. The authority would consider the time spent in prosecuting the present Writ Petition. 8. Rule accordingly made absolute in above terms. Authenticated copy be given. (S.V.GANGAPURWALA,J.) asp/office/wp784011