Abdul Gaffar Abdul Hamid v. The State Of Maharashtra And Others

1 wp 9159.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9159 OF 2015 Abdul Gaffar Abdul Hamid .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Sunil G. Magre, Advocate for the Petitioner. Shri V. D. Rakh, A. G. P. for Respondent Nos. 1 to 4. CORAM : S. V. GANGAPURWALA A. M. BADAR, JJ.

DATE : 08TH FEBRUARY, 2016.

PER COURT :

.

Mr. Magre, the learned counsel for the petitioner submits that, the Hon'ble Minister had allowed the Revision and directed renewal of license. Pursuant to the same vide order dated 01st September, 2014, by imposing fine, the license was renewed and it was directed to allow 18 KL kerosene to the petitioner who is a semi wholesale dealer of kerosene. The learned counsel submits that, abruptly on 04th September, 2014 separate order is passed and the allotment of kerosene quota is reduced to 15 KL. According to the learned counsel the said order is passed without notice to the petitioner and without hearing the petitioner. 2.

The learned A. G. P. submits that, the said order was

2 wp 9159.15 administrative one. It is dependent upon the receipt of the total kerosene and the availability.

3.

We have considered the submissions.

4.

When the quota of kerosene was reduced the petitioner was not given any notice. At least his say should have been called. 5.

In the result we pass the following order.

6.

The respondents/authorities shall consider afresh regarding quota of kerosene to be alloted to the petitioner expeditiously and preferably within a period of four (4) months. Till the said decision is taken and if there is no other impediment, the petitioner shall be entitled for the quota as per order dated 04.09.2014 (Page 25).

7.

The writ petition is accordingly disposed of. No costs. [ A. M. BADAR, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Feb. 16