W.P. No.5674/2010 (PIL)
6.12.2010
Shri R.K. Samaiya, learned counsel for the petitioner.
Shri Prashant Singh, learned Additional Advocate
General for the respondents.
Heard on I.A. No.12061/2010, an application for taking
rejoinder on record. For the reasons mentioned in the
application, prayer is allowed and the rejoinder is taken on
record. The I.A. No.12061/2010 stands disposed of.
With the consent of the learned counsel for the parties
the matter is heard finally.
In this writ petition which has been filed as a public
interest litigation, the petitioner has assailed the legality and
validity of the order dated 22022010 contained in Annexure
P/5, passed by the Collector, Tikamgarh.
The facts leading to filing of the writ petition, briefly
stated, are that the petitioner is a society registered under the
provisions of M.P. Societies Registrikaran Adhiniyam, 1973. The
Collector vide order dated 22022010 has directed that
wholesale dealers after taking delivery of kerosene oil from
Gwalior Depot, would come to District Headquarter, i.e.,
Tikamgarh and shall get kerosene oil tankers verified by the
Inspection Committee and shall inform the Committee as to
where the kerosene oils has to be supplied. The petitioner has
alleged in the writ petition that by adopting the aforesaid
process the price of kerosene oil would be increased by 15 paise
to 16 paise per liter, which would not be in the public interest
and would cause great hardships to the weaker sections of the
community.
Learned counsel for the petitioner contended that if the
order dated 22022010 (AnnexureP/5) is required to be carried
out by the wholesale dealers the same will give rise to hike in
the price of kerosene oil which would ultimately affect the
weaker sections of the society. It was further submitted by him
that initially also, vide AnnexureP/3, dated 28102009, at the
block level verification of kerosene oil tankers was being made
by the Assistant Supply Officer/Junior Supply Officer and,
therefore, there was no need to pass the impugned order
(AnnexureP/5).
On the other hand, learned Additional Advocate General
while opposing the submissions advanced by the learned
counsel for the petitioner submitted that the order dated
22022010, AnnexureP/5, has been passed with a view to
check the menace of blackmarketing and to ensure that
kerosene oil is distributed to the weaker sections of the society
in proper quantity. It has further been stated that there would
be a nominal hike of 6 paise per liter in Jatara and Palera Blocks
and 16 paise per liter in Prithvipur ad Niwari blocks, however,
the order has been passed by the Collector to avoid the menace
of blackmarketing and adulteration. It has been further
submitted that the decision has been taken in the public
interest. It is further submitted that in the instant writ petition
no element of public interest is involved and the same appears
to be sponsored at the instance of wholesale dealers.
We have considered the submissions made by both sides.
From perusal of the impugned order, AnnexureP/5, it is
apparent that the aforesaid order has been passed with the
object to strengthen the public distribution system. Whether
the verification of kerosene oil tankers should be done at the
district level or at the block level, is within the realm and
discretion of the district authorities and this Court, in exercise
of power under Article 226 of the Constitution of India, cannot
interfere with the same, until and unless the decision is shown
to be capricious or arbitrary.
From perusal of the orderimpugned in the instant writ
petition and for the reasons assigned in support of the order
passed by the respondents, we find that the Collector has taken
a decision for verification of kerosene oil tankers by the
Inspection Committee at the District Headquarter, with a view
to prevent the menace of blackmarketing and adulteration.
The order cannot be termed as arbitrary or capricious.
Therefore, we do not find any reason to interfere with the order
passed by the Collector. Under the impugned order, wholesale
dealers of kerosene oil have to get the kerosene oil tankers
verified by the inspection committee. Therefore, we are of the
opinion, that the instant writ petition appears to be a
sponsored litigation at the instance of wholesale dealers and it
is not a genuine and bonafide public interest litigation.
For the aforementioned reasons, the writ petition, being
misconceived, is dismissed with cost, which we quantify at
Rs.10,000/ (rupees ten thousand) only.
(S.R.Alam) (Alok Aradhe)
Chief Justice Judge
ac.