1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. LETTERS PATENT APPEAL NO.131 OF 2011. IN WRIT PETITION NO.4689 OF 2010 (D). (Baburao Sitaramji Dandge Vs. State of Maharashtra and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM: B.P. DHARMADHIKARI & P.D. KODE, JJ. DATE: NOVEMBER 21, 2011. Heard. Shri N.A. Gawande, Adv. for petitioner, Shri A.J. Kadu, Adv. for respondent No.4 and learned A.G.P. for respondent Nos.1 to 3. We have perused the reply/explanation submitted by the appellant to show cause notice for not delivering 5 liters kerosene to the customers. The appellant states therein that at times, customer had no money to pay for entire quantity and therefore, he had lifted 2 to 3 liters kerosene only. He has also stated that in Nandgaon Khandeshwar Tahsil there is no practice of issuing any receipt for supply of kerosene and nobody demanded any receipt from him. We find that this reply submitted by him sufficient to dismiss the Letters Patent Appeal. 2 Moreover, our attention has also been invited to similar case in relation to adjacent village and it is contended that, therein the Hon’ble Minister has shown indulgence though charges proved were of grave and same nature. It is apparent that there can not be any equality in such matters. Perusal of order of learned Single Judge does not show any jurisdictional error. In view of this, Letters Patent Appeal is dismissed. No costs. JUDGE JUDGE NSN