Nashik Shahar Rockel Vikreta Sangh, Through Chairman, Prakash Ghohad v. State Of Maharashtra, Through Dept Of Food, Civil Supply And Consumer Protection And ORS
wp9266-377 ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION WRIT PETITION NO.9266 OF 2012 Nashik Shahar Rockel Vikreta Sangh ...Petitioner vs.
State of Maharashtra
...Respondent
ALONG WITH WRIT PETITION NO.377 OF 2013 Maharashtra State Ration and Kerosin Shop keepers Federation ...Petitioner vs.
State of Maharashtra
...Respondent
None for the Petitioner in both petitions Ms M.P.Thakur, AGP for the respondent Nos.1 to 3 in both petitions Ms S.V.Bharucha and Mr.D.P.Singh for respondent No.4 in both petitions.
CORAM : A.S.OKA, & C.V.BHADANG, JJ.
DATE : FEBRUARY 26, 2016 P.C.:
None appears for the petitioner. Prayer (b) of these petitions which is the main substantive prayer reads thus:
"(b) This Hon'ble Court after considering the fact and circumstance face by exercising their extraordinary jurisdiction under Article 226 of the Constitution of India, may pleased to issue writ of mandamus and thereby quash and set aside the scheme direct transfer of cash subsidy for kerosin as
wp9266-377 informed by the letter dated 9.7.2012 issued by respondent No.5 as well as dt.9.8.2012 issued by respondent No.1."
Today, the learned AGP has tendered across the bar a copy of the letter dated 12th October 2015 addressed to her by the District Supply Officer, Nashik. It is stated that the scheme of direct transfer of cash subsidy of kerosene to the Ration Card Holders was to be implemented in Nashik District. However, there were certain difficulties in the implementation of the said scheme. Therefore, by letter dated 10th April 2013, the State Government has sought clarification from the Union of India. Thereafter, several reminders have been issued. As clarification/guidance has not received from the Union of India, the scheme has not been implemented. Therefore, the work of opening of bank accounts in the name of the Ration Card holders is not made. She states that as instructed by the District Supply Officer, Nashik as of today the scheme is not implemented. We accept the statements made in the letter which is taken on record and marked `A-1' for identification.
Hence, as of today, it is not necessary to entertain these petitions. Writ petitions are disposed of. If implementation of the scheme is commenced, the petitioners can always file a fresh petition. Pending Civil Applications do not survive and the same are also disposed of.
(C.V.BHADANG,J.) (A.S.OKA,J.)