S.K. OIL HAWKERS ASSOCIATION v. The State of Assam & Ors.

Judgment

1. The State of Assam, represented by the Commissioner &Secretary to the Government of Assam, Food, Civil Supplies & Consumer Affairs Department, Dispur, Guwahati-6.

2. The Principal Secretary to the Government of Assam, Food, Civil Supplies & Consumer Affairs Department, Dispur, Guwahati-6.

3. The Union of India represented by the Secretary, Petroleum and N atural Gas Department, New Delhi -011.

4. The Director of Food, Civil Supplies & Consumer Affairs, Assam, Guwhati -05.

5. The Deputy Commissioner, Dhubri, Dist. Dhubri, Assam, Pin: 783312.

6. The Sub-Divisional Officer (Civil), South Salmara Mankachar Hat-Singimari, P.O. Hat-Singimari, Pin: 783135, Dist. Dhubri, Assam.

7. The Assistant Director, Food, Civil Supplies & Consumer Affairs, Branch, South Salmara Mankachar Hat-Singimai, P.O.Hat-Singimari, PIN: 7831135, Dist. Dhubri, Assam., ...RESPONDENTS B E F O R E HON’BLE MRS JUSTICE ANIMA HAZARIKA For the petitioner : Mr M. Khan, Mr S. Rahman, Advocates. For the respondent Nos. : 1,2, 4 to 7 Ms K. Devi, State Counsel. For the respondent No.3 : Mr S.Chakraborty, CGC. Date of hearing :

10.08.2012. Date of judgment :

10.08.2012. JUDGMENT AND ORDER (ORAL)

Heard Mr M. Khan, learned counsel appearing for the petitioner. Also heard Ms K. Devi, learned State counsel appearing for the respondent Nos. 1, 2, 4 to 7 a s well as Mr S. Chakraborty, learned CGC appearing for respondent No 3.

2. The instant writ petition has been filed praying for issuing a writ of m andamus and/or direction to the respondents, more particularly, respondent Nos. 6 and 7 to provide the benefit of W.T. messages (Annexures 3-5 series) to the me mbers of the petitioner Association enhancing the quota of S.K. Oil to 440 litre s per month as per direction contained in the aforesaid W.T. messages.

3. The petitioner’s case in brief is that the members of the petitioner Ass ociation being licence holders of S.K. Oil Hawkers under Public Distribution Sys tem formed the Association viz., South Salmara Mankachar Sub-Division S.K. Oil H awkers Association. The petitioner Association is aggrieved by the action of the respondent authorities for non compliance of the Government Circulars (Annexure 3 - 5 series) by which the monthly allotment of the quota of S.K. oil for Hawke rs has been enhanced from 150 litres to 440 litres per month from the month of July, 2010. The further case of the petitioner is that the directions so contain ed in the aforesaid W.T. message has been given effect uniformly to all Sub-Divi sions of Assam except the Hat-Singimari Sub-Division where the petitioner belo ngs to without any reason. As per the direction issued by the aforesaid W.T. mes sage, presently the hawkers of all Sub-Divisions are lifting and distributing 44 0 litres of S.K. Oil since July, 2010 whereas the petitioner Association has bee n denied from the aforesaid benefits thereby singling out the petitioner Associa tion from availing the enhanced quota of S.K. Oil.

4. The petitioner Association has in the meantime submitted several represe ntations (Annexures-7 series to the writ petition) before the authority praying for enhancement of quota of S.K. Oil to 440 litres as per direction contained in the W.T. messages. After receipt of the representations so submitted by the pet itioner Association, the respondent No. 7, in the month of February, 2011 had di rected the petitioner to submit the list of family identity card holders of hawk ers in their respective areas of operation. Accordingly, as per direction, the l ist was also submitted containing 400 to 500 card holders against each hawker. H owever, after submission of list, as directed, the respondent No. 7 has not resp onded till date. On the other hand, members of the petitioner Association are st ill allotted only 150 litres of S.K. Oil which is much lower than the demand of the consumers in their respective areas of operation. Hence this writ petition w ith the aforesaid prayer. In the instant case, affidavits- in -opposition have been filed on behal 5. f of respondent No. 4 as well as respondent No. 6. In the counter affidavit file d by respondent No. 6, it has been stated at paragraph 7 as thus : (cid:28)That with regard to the statements made in paragraph No. 5 of the writ petition , the deponent begs to state that Govt. WT message received periodically regardi ng monthly allocation of SK Oil for this Sub-Division. It is properly indicated in the WT message that Hawkers should be allotted maximum 440 litres SK Oil per month and the Retailers 150 litres. But there is no bar on minimum limit of SK O il. (cid:29) 6. . Oil is to be issued to each Hawkers per month not more than 440 litres. Respondent No. 4 has also in his counter affidavit has admitted that S.K

7. A bare perusal of the statements made on oath at paragraph 7 by the resp ondent No. 6 it would become clear that the respondent No. 6 has admitted that a s per the WT messages, hawkers should be allotted maximum 440 litres of S.K. Oi l per month. Only ground shown for non allotting of S.K. Oil 440 litres per mont h is that (cid:28)there is no bar of minimum limit of S.K. Oil (cid:29). However, the averments made by the petitioner that barring petitioner Association, all other hawkers h ave been allotted the enhanced quota of S.K. Oil of 440 litres per month has rem ained un- rebutted. Thus action of the authority would clearly show that the mem bers of the petitioner Association have been subjected to hostile discrimination . If the petitioner Association is otherwise similarly situated, it is entitled to similar treatment. In the facts and circumstances of the case, the petitioner cannot be refused the relief as prayed for.

8. For the foregoing reasons and discussions made hereinabove, this writ pe tition stands allowed. The respondent Nos. 4 and 6, more particularly, responde nt No. 6 is directed to take up the matter of the petitioner Association ( memb ers of which shown at annexure 2 to the writ petition) in compliance to annexur es 3-5 series and issue allotment order of 440 litres of S.K. Oil per month to the hawkers of the petitioner Association in compliance to the direction contain ed in the WT messages dated 12.10.2010, 10.01.2011 and 07.04.2011 vide notifica tion issued by the Director of Food, Civil Supplies and Consumer Affairs, Assam, pursuant to the notification No. DS.2/2010/45 dated 12.10.2010 issued vide Gov ernment of India letter No. REF.P-4192/SKO dated 21.9.2010, Ministry of Petroliu m and Natural Gas, New Delhi and IOC letter dated 07.10.2010. In the aforesaid notifications, Hatsingimari Sub-Division has also been mentioned along with othe r Sub-Divisions making it clear that maximum limit of allotment of S.K. Oil to h awkers is 440 litres, for retailers 150 litres and for mobile FP shops 1000 lit res per month.

9. No costs.