IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6107 of 2006 1. MD.KASIM S/o late Naseer Ansari, Resident of At & P.O. Forbesganj, District Araria. 2. Maqsood Miyan, S/o late Mohammed Ali, Resident of At & P.O. Forbesganj, District Araria. 3. Rahmat Ansari, son of late Maqsood Ansarai, Resident of At & P.O. Forbesganj, District Araria. . . . . . . Petitioners. Versus 1. THE STATE OF BIHAR through the Secretary-cum-Commissioner, Department of Commerce, Food & Civil Supplies, Old Secretariat, Patna. 2. The Deputy Secretary, Department of Commerce, Food & Civil Supplies, Old Secretariat, Patna. 3. The District Magistrate, Araria. 4. The District Supply Officer, Forbesganj. . . . . . . Respondents. ----------- 5/ 15.2.2010 Heard learned counsel for the petitioners and the State. The petitioners pray for quashing the order dated 27.02.2006 passed by respondent District Magistrate, Araria by which he substantially reduced the allotment of K. oil to Hawkers / Thela Vendors. The petitioners state that in the year 1996, the State Government took a policy decision to increase the monthly quota to Hawkers / Thela Vendors from five drums to eight drums i.e. 1000 litres to 1600 litres of K. oil. The petitioners further submit that some District Magistrates did not follow the aforesaid policy with regard to enhancement of monthly quota of Hawkers / Thela Vendors. In respect of allotment for Patna District one Bhairab Kumar Pandit and others filed a writ application bearing C.W.J.C. No. 5205 of 1998, which was disposed of vide order dated 26.08.1999 with a direction to the State Government to dispose of the pending representations. Petitioners further state that on 19.01.2000, the respondent Secretary- cum-Commissioner, Department of Commerce, Food and Civil - 2 - Supplies enhanced the monthly quota of K. oil to 8 drums for Patna district. The Trade Union made representation to the respondent no.2 to allot 8 drums i.e. 1600 litres K. Oil to Hawkers / Thela Vendors of Araria and Katihar Districts. The petitioners state that the District Magistrate vide Memo no. 195 dated 27.02.2006 reduced the allotment of K. Oil for Forbesganj Urban area. A copy of impugned Memo no. 195 dated 27.02.2006 is annexed as Annexure-7 to this writ application. The petitioners submit that this court in case of Pawan Kumar & Ors Vs. The State of Bihar & Ors passed in CWJC No. 5315 of 2004 directed the District Magistrate, Vaishali at Hajipur to comply with the mandate of the Government and to ensure that the quota of the K. Oil allotted by the Government to the licensee Thela Vendors reaches them for distribution. The counsel for the State submits that the State Government took a policy decision in the year, 1996 to enhance the allotment of Kerosene Oil to the Thela Vendors from 5 drums to 8 drums, but subject to the local conditions prevailing in the district concerned. Learned counsel submits that Memo no. 195 dated 27.02.2006 is passed in the light of Government directive communicated in departmental letter no. 89 dated 07.01.2006. In the above departmental letter, allotment has been given to Block in proportion to the population. The allotment for Forbesganj was only 300 litres of Kerosene Oil. In paragraph 13 of the counter affidavit it has been stated that in fact Forbesganj urban area has received much more - 3 - Kerosene Oil in comparison to actual reserved quantity, taking the population at 2001 census. Having heard the counsel for the parties, the policy decision of the government contained in its letter dated 19.09.1996 itself says that quantity of allotment to Thela Vendors would be enhanced depending upon the local conditions. It would appear from the counter affidavit filed by the respondents that the District Magistrate has issued impugned Memo dated 27.02.2006, as contained in annexed-7, in view of Government instructions communicated in Departmental letter no. 89 dated 07.01.2006, which has based supply and allotment of oil in proportion to population and local requirements envisaged even in letter dated 19.09.1996. Thus, this court does not find any cogent reason for interfering with the impugned Memo no. 195 dated 27.02.2006. However, it will be open to the petitioners to approach respondent no.1 if circumstances change. This writ application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)