Karnataka High Court
Akhila Karnataka Kerosene Wholesale ... vs The Under Secretary To The Government Of ... on 13 November, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.19611 OF 2021 (GM-PDS)
BETWEEN:
AKHILA KARNATAKA KEROSENE
WHOLESALE DEALERS ASSOCIATION
RACE COURSE COMPOUND
NO. 2, RACE COURSE ROAD
BENGALURU - 560 010
REPRESENTED BY ITS VICE PRESIDENT
SRI. GURUSIDDESH H.KOTAMBRI.
... PETITIONER
(BY SRI. MURTHY D.NAIK, SENIOR ADVOCATE FOR
SRI. JAYSHAM JAYASIMHA RAO, ADVOCATE)
AND:
1. THE UNDER SECRETARY TO THE
GOVERNMENT OF KARNATAKA
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT
VIKASA SOUDHA,
DR. B.R.AMBEDKAR VEEDHI
BENGALURU - 560 001.
2
2. THE COMMISSIONER
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT
(PROCUREMENT AND DISTRIBUTION BRANCH)
GOVERNMENT OF KARNATAKA
CUNNINGHAM ROAD
BENGALURU - 560 052.
... RESPONDENTS
(BY SRI. VINOD KUMAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DATED 08.10.2021, ISSUED BY THE R1 AS PER ANNEXURE- A; QUASH THE OFFICIAL MEMORANDUM DATED 11.10.2021, ISSUED BY THE R2, AS PER ANNEXURE-B. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA CAV ORDER The petitioner/Akhila Karnataka Kerosene Wholesale Dealers Association (hereinafter referred to as 'the Association' for short) is knocking at the doors of this Court calling in question a Government order dated 08-10-2021 and consequential Official Memorandum dated 11-10-2021 which restricts the supply of kerosene to LPG card holders and non-LPG card holders and has sought consequential mandamus to allocate same quantity of kerosene as was done prior to issuance of the Government order.3
2. Heard Sri Murthy D.Naik, learned senior counsel appearing for the petitioner and Sri Vinod Kumar, learned Additional Government Advocate for the respondents.
3. Facts, in brief, germane are as follows:-
The petitioner claims to be a registered Association comprising of kerosene wholesale dealers across the State of Karnataka. The dealers have been supplying kerosene to various retail outlets in the respective Districts of the State. It is the case of the Association that until September 2021, the wholesale dealers used to receive the order for supply of kerosene to the respective Taluks for which a particular dealer is appointed from respective companies, such as Indian Oil Corporation (IOC), Bharath Petroleum Corporation (BPL), Hindustan Petroleum Corporation Limited (HPCL) inter alia. A communication then emerges from Government of India in the Ministry of Petroleum and Natural Gas to all States and Union Territories through the Department of Food and Civil Supplies conveying restriction in the supply of kerosene.
By this, the supply to the wholesale dealers, across the State which 4 was being done hitherto, is restricted to 1 liter per household to LPG gas holders and 3 liters per household to non-LPG BPL card holders. The said Government order dated 08-10-2021 has resulted in a subsequent official memorandum dated 11-10-2021 issued by the State Government, which restricts the supply to certain Taluks in 11 District and does not consider distribution of kerosene to all Taluks in all the Districts. It is, therefore, the Association is knocking at the doors of this Court, alleging that the action of the State is arbitrary and discriminatory.
4. The learned senior counsel Sri Murthy D Naik appearing for the petitioner would elaborate the averments made in the petition that arbitrary stoppage of kerosene to 20 Districts in the State and increase in supply of kerosene from 1 liter to 2 liters in few Taluks of 11 District of the State would cause great hardship to wholesale dealers who are members of the Associations and also to the consumers of the State who are depending on the supply of kerosene for cooking and illumination. The learned senior counsel would submit that distribution of kerosene to all the taluks in the State should be on uniform basis. By the impugned action both the 5 dealers and the consumers are now put to hardship. The restrictive treatment in terms of the Government order of the State and the consequent official memorandum are violative of Article 14 of the Constitution of India, as it is discriminatory.
5. Per contra, the learned Additional Government Advocate would vehemently refute the submissions by taking this Court through the statement of objections that, kerosene card count in all the Districts are completely dwindling, as usage of kerosene itself is coming down in various urban areas and some of the rural areas. Therefore, for LPG card holders' kerosene is restricted to 1 liter and non-LPG card holders who are in the remote villages where electricity sometimes is a problem, for the purpose of illumination and cooking, 3 liters is what is directed by the Government of India. The Government of India, in terms of a policy, has issued directions which have become part of the Government order. He would submit that this Court, in exercise of judicial review, would not interfere with such policy of the State. It is his case that no consumer has come forward contending great hardship is caused by the Government order. It is the dealers who project arbitrariness for 6 commercial purposes, which should not be entertained and the petition be dismissed, is the submission of the learned Additional Government Advocate.
6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.
7. The afore-narrated facts are a matter of record. The petitioners are wholesale dealers of supply of kerosene to all taluks in the Districts of the State. Prior to the impugned order and communication, it is the case of the petitioners that the supply of kerosene through the dealers i.e., the Association was to the entire State from various entities like the IOC, BPC, HPCL etc. There was no qualm about the distribution. In the year 2020 public interest litigation writ petition was filed on the ground that the Government order dated 27-07-2016 records a decision of Government to release 3 liters of kerosene per month to all BPL card holders who do not have LPG connection. The Division Bench directed scrupulous implementation of the Government order dated 27-07-2016. After 7 the said order comes another PIL in Writ Petition No.7994 of 2021, again seeking a direction to the respondents to allot 3 liters of kerosene to BPL card holders/ration card holders who did not have LPG connection. This comes to be disposed of by the following order:
"2. In this public interest litigation, the petitioner has approached this Court seeking a direction to the respondents to allot 3 litres of kerosene to all the BPL card holders/ration card holders in the State of Karnataka who do not have LPG connections.
3. Learned Additional Government Advocate points out that the statement of objections has been filed on behalf of the State specifically stating in paragraph 4 that in view of Government Order dated 27.07.2016, the BPL card holders without LPG connection are eligible for 3 litres of Kerosene and 3 litres kerosene allotment has been given to BPL card holders without LPG connection and the Government Order dated 27.07.2016 is being followed.
4. In this regard, learned counsel for the petitioner tries to submit that subsequently Government Order dated
08.10.2021 has been issued restraining supply of kerosene to 20 districts. The Government Order dated 08.10.2021 is not placed before the Court. It is not on record.
5. Learned Additional Government Advocate submits that she is not aware of any such Government Order. Her stand is very clear that the supply of 3 litres of kerosene to BPL card holders without LPG connection is being made in view of Government Order dated 27.07.2016.
6. There is nothing on record for us to come to conclusion that 3 litres of kerosene is not being supplied to BPL card holders without LPG connection.
8
7. The writ petition is accordingly dismissed, however, with liberty to the petitioner to challenge any order or direction issued by any Government authorities restraining supply of kerosene to BPL card holders without LPG connection. Dismissal of the aforementioned writ petition leads the Association to this Court, in the subject petition, calling in question two subsequent Government orders, which restrict the supply of kerosene in a particular manner. The Government order dated 08-10-2021 reads as follows:
"ಪ ಾವ ೆ:
ೕ ೆ ಓದ ಾದ ಕ ಮ ಸಂ ೆ (1)ರ ನ ಸ ಾ ಆ ೇಶದ ಎರಡು " ಂಡ# ಅ%ಲ
ಸಂಪಕ ವನು' (ೊಂ*ರುವ ಪ+ತರ ಾಡು ಾರ -ೆ ಾವ ಜ%ಕ /ತರ0ಾ ಪದ12ಯ+ /ತ ಸು2ರುವ
"ೕ ಎ0ೆ4ಯನು' ಸಂಪ5ಣ 7ಾ8 % " ೆ. (ಾಗೂ ಒಂದು " ಂಡ# ಅ%ಲ ಸಂಪಕ (ೊಂ*ರುವ
ಪ+ತರ ಾ; zÁರ -ೆ ಎರಡು ೕಟ# "ೕ ಎ0ೆ4ಯನು' /ತ ಸಲು ಆ ೇ=ಸ ಾ8 ೆ.
ೕ ೆ ಓದ ಾದ ಕ ಮ ಸಂ ೆ :(2)ರ ನ ಸ ಾ ಆ ೇಶದ >ಾಜ ದ ನ -ಾ ?ೕಣ (ಾಗೂ
ನಗರ. ಪ ೇಶಗಳ°èನ ಅ%ಲ ಸಂಪಕ ರAತ ಪ+ತರ BೕC ಾರ -ೆ ಾವ ಜ%ಕ /ತರ0ಾ ಪದ12ಯ+ ಪ 2 2ಂಗಳD 3 ೇಟ# "ೕ ಎ0ೆ4ಯನು' /ತ ಸಲು ಆ ೇ=ಸ ಾ8 ೆ.
ೕ ೆ ಓದ ಾದ ಕ ಮ ಸಂ ೆ :(3)ರ ನ ಸ ಾ ಆ ೇಶದ >ಾಜ ದ -ಾ Eಾಂತರ ಪ ೇಶದ°èನ ಅ%ಲ ಸಂಪಕ (ೊಂ*ರುವ ಪ+ತರ BೕC ಾರ -ೆ GೆಳH-ಾ8 *ೕಪ ಉ ಸಲು ಪ 2 2ಂಗಳD 1 ೕಟ# ಸ(ಾಯಧನಯುಕ "ೕ ಎ0ೆ4ಯನು' /ತ ಸಲು ಆ ೇ="ದುK, -ಾ Eಾಂತರ ಪ ೇಶದ ಅ%ಲ ಸಂಪಕ (ೊಂ*ರುವ ಪ+ತರ BೕC ಾರರು ಸ(ಾಯಧ ೆಯುಕ "ೕ ಎ0ೆ4 ಪLೆಯಲು ಆ(ಾರ ಇ ಾ ೆ ತಂNಾ ಂಶ ಒOP-ೆ %ೕಡಲು ಆ ೇ=ಸ ಾ8 ೆ.
ೕ ೆ ಓದ ಾದ ಕ ಮ ಸಂ ೆ (4) ರ ನ ಪತ ದ ಆಯುಕರು, ಆ(ಾರ ಾಗ ಕ ಸರಬ>ಾಜು ಮತು -ಾ ಹಕರ ವ ವ(ಾರಗಳ ಇ ಾ ೆ ಇವರು ಸ ಾ ರ ೆS ಪ ಾವ ೆ ಸ " ಪ ಸುತ >ಾಜ ದ , ಅಡು-ೆ ಅ%ಲ ಸಂಪಕ ವನು' (ೊಂ*ಲದ ಆದ Nಾ/ಅಂNೊ ೕದಯ ಪ+ತರ BೕC ಾರ -ೆ ಪ 2 2ಂಗಳD ಅಡು-ೆ-ಾ8 01 ೕಟ# "ೕ ಎ0ೆ4ಯನು' (ಾಗೂ -ಾ ?ೕಣ ಪ ೇಶದ ನ ಅ%ಲ ಸಂಪಕ ವನು' 9 (ೊಂ*ರುವ ಆದ Nಾ/ಅಂNೊ ೕದಯ ಪ+ತರ BೕC ಾರ -ೆ *ೕಪದ GೆಳH-ಾ8 ಪ 2 2ಂಗಳD 1 ೕಟ# "ೕ ಎ0ೆ4ಯನು' ಪ 2 ೕಟ# -ೆ ರೂ.35/-ರ ಸ(ಾಯಧನಯುಕ ದರದ , /ತ ಸ ಾಗು2 ೆ, ೇಂದ ಸ ಾ ರವT >ಾಜ ೆS ಹಂB ೆ Eಾಡು2ರುವ ಪ Eಾಣವನು' ಾಲ ಾಲ ೆS ಕ+ತ-ೊUಸು2ದುK, ಪ ಸುತ >ಾಜ ೆS ಪ 2 2ಂಗಳD 2480 ೆ.ಎV "ೕ ಎ0ೆ4ಯನು' ಹಂB ೆ Eಾಡು2 ೆ.
ಈ Aನ' ೆಯ ಾಕಷುY ಅರಣ /ಗುಡZ-ಾಡು ಪ ೇಶವನು' (ೊಂ*ರುವ ಉತರ ಕನ'ಡ [ ೆಯ ಅ%ಲ ಸಂಪಕ ವನು' (ೊಂ*ರದ ಪ+ತರ BೕC ಾರ -ೆ ಅಡು-ೆ-ಾ8 ಪ 2 2ಂಗಳD 03 ೕಟ# "ೕ ಎ0ೆ4ಯ ಹಂB ೆಯನು' ಮುಂದುವ>ೆಸಲು (ಾಗೂ *ೕಪದ GೆಳH-ಾ8 "ೕ ಎ0ೆ4 ಅಗತ /ರುವ ಈ ೆಳಕಂಡ [ ೆಗಳ Nಾಲೂಕುಗಳ ನ ಆದ Nಾ /ಅಂNೊ ೕದಯ ಪ+ತರ BೕC ಾರ -ೆ ಪ ಸುತ /ತ ಸ ಾಗು2ರುವ ಸ(ಾಯಧನಯುಕ "ೕ ಎ0ೆ4ಯ ಪ Eಾಣವನು' 01 ೕಟ# %ಂದ 02 ೕಟ# -ೆ (ೆB\ಸಲು ಪ ಾವ ೆಯನು' ಸ ಸ ಾ8 ೆ.
"ೕ ಎ0ೆ4 ರAತ [ ೆಗಳD "ೕ ಎ0ೆ4 ಹಂB ೆ Gೇ ಾಗುವ [ ೆಗಳD
Gಾಗಲ ೋ]ೆ, Gೆಂಗಳ^ರು ನಗರ, [ ೆಗಳ ಎ ಾ NಾಲೂಕುಗಳD
Gೆಂಗಳ^ರು -ಾ Eಾಂತರ, ಬ_ಾ` , eಾಮ>ಾಜನಗರ, ೊಡಗು, ಉತರ ಕನ'ಡ ಮತು
aೕದ#, /ಜಯಪTರ, Bತ ದುಗ , ಉಡುO
ಾವಣ-ೆ>ೆ, bಾರ7ಾಡ, ಗದಗ, ಕಲಬುರ8, [ ೆಗಳ ಆಯK NಾಲೂಕುಗU-ೆ Eಾತ :
(ಾ7ೇ , ೋ ಾರ, ೊಪPಳ, >ಾಯಚೂರು, Gೆಳ-ಾ/ ( ಾನಪTರ, ಅಥg, >ಾಮದುಗ )
ತುಮಕೂರು, BಕSಬ_ಾ`ಪTರ, >ಾಮನಗರ, BಕSಮಗಳ^ರು ( ೊಪP, ಶೃಂ-ೇ , ಮೂ+-ೆ>ೆ
dಾದ8 ಮತು Gೆಂಗಳ^ರು ಅ.ಪ ಪ ೇಶ. ನರ"ಂಹ>ಾಜಪTರ, ಅಜiಂಪTರ) ದjಣ ಕನ'ಡ
(Gೆಳಂಗ+ ಬಂ]ಾkಳ, ಸುಳ ಪTತೂರು) (ಾಸನ
(ಆಲೂರು ಅರಕಲಗೂಡು, Gೇಲೂರು,
ಸಕ ೇಶಪTರ) ಮಂಡ (ಮಳವU`, ಾಗಮಂಗಲ)
ೖಸೂರು ((ೆm. + ೋ]ೆ ಹುಣಸೂರು
O dಾಪಟYಣ) =ವnಗo ((ೊಸನಗರ ಾಗರ,
ೊರಬ, = ಾ ಪTರ, 2ೕಥ ಹU`)
ಆಯುಕರು, ಆ(ಾರ ಾಗ ಕ ಸರಬ>ಾಜು ಮತು -ಾ ಹಕ ವ ವ(ಾರಗಳ ಇ ಾ ೆ ಇವರ
ಪ ಾವ ೆಯನು' ಪ =ೕ ಸ ಾ8ದುK, ಆಯುಕರು, ಆ(ಾರ ಾಗ ಕ ಸರಬ>ಾಜು ಮತು -ಾ ಹಕ
ವ ವ(ಾರಗಳ ಇ ಾ ೆ ಇವರು ಪ ಾO"ದಂNೆ *ೕಪದ GೆಳH-ಾ8 "ೕ ಎ0ೆ4ಯ ಅಗತ /ರದ [ ೆಗಳನು'
(ೊರತುಪ+" *ೕಪದ GೆಳH-ಾ8 "ೕ ಎ0ೆ4 ಅಗತ /ರುವ [ ೆಗಳ ನ ಆದ Nಾ/ಅಂNೊ ೕದಯ ಪ+ತರ
BೕCಗU-ೆ /ತ ಸ ಾಗು2ರುವ ಸ(ಾಯಧನಯುಕ "ೕ ಎ0ೆ4ಯ ಪ Eಾಣವನು' 01 ೕಟ# %ಂದ 02
ೕಟ# -ೆ (ೆB\ಸಲು ಸ ಾ ರವT %ಧ "ದುK ಅದರಂNೆ ಈ ೆಳಕಂಡ ಆ ೇಶ:
ಸ ಾ ಆ ೇಶ ಸಂ ೆ :ಆ ಾಸ 265 +ಆ#ಎ 2021 (ಇ-ಆpೕq)
10
Gೆಂಗಳ^ರು, * ಾಂಕ:08.10.2021
ೕ ೆ ಪ ಾವ ೆಯ°è /ವ "ರುವ ಅಂಶಗಳ Aನ' ೆಯ ಉತರ ಕನ'ಡ [ ೆಯ ಅ%ಲ
ಸಂಪಕ (ೊಂ*ರದ ಆದ Nಾ/ಅಂNೊ ೕದಯ ಪ+ತರ BೕC ಾರ -ೆ ಅಡು-ೆ-ಾ8 /ತ ಸ ಾಗು2ರುವ 03 ೕಟ# "ೕ ಎ0ೆ4ಯ ಹಂB ೆಯನು' ಮುಂದುವ>ೆಸ ಾ8 ೆ. (ಾಗೂ >ಾಜ ದ ನ ಈ ೆಳಕಂಡ [ ೆಗಳ Nಾಲೂಕುಗಳ ನ ಆದ Nಾ /ಅಂNೊ ೕದಯ ಪ+ತರ BೕC ಾರ -ೆ ಅ ೊYೕಬ# 2021 ಂದ rಾ -ೆ ಬರುವಂNೆ ಾವ ಜ%ಕ /ತರ0ಾ ಪದ12ಯ+ *ೕಪದ GೆಳH-ಾ8 /ತ ಸ ಾಗು2ರುವ ಸ(ಾಯಧ ೆಯುಕ "ೕ ಎ0ೆ4ಯ ಪ Eಾಣವನು' 01 ೕಟ# %ಂದ 02 ೕಟ# -ೆ (ೆB\"
ಆ ೇ=ಸ ಾ8 ೆ.
"ೕ ಎ0ೆ4 ಹಂB ೆ-ೆ ಒಳಪಡುವ [ ೆಗಳ ನ NಾಲೂಕುಗಳD ಮತು [ ೆಗಳ ಆAiÀÄÄÝ NಾಲೂಕುಗಳD eಾಮ>ಾಜನಗರ, ೊಡಗು, ಉತರ ಕನ'ಡ ಮತು ಉಡುO [ ೆಗಳ ಎ ಾ, NಾಲೂಕುಗಳD ಈ ೆಳಕಂಡ [ ೆಗಳ ಆAiÀÄÄÝ NಾಲೂಕುಗU-ೆ Eಾsರ Eಾsರ:
¨É¼ÀUÁ« f¯Éè:- SÁ£À¥ÀÄgÀ, CxÀtÂ, gÁªÀÄzÀÄUÀð BಕSಮಗಳ^ರು [ ೆ:- ೊಪP, ಶೃಂ-ೇ , ಮೂ+-ೆ>ೆ, ನರ"ಂಹ>ಾಜಪTರ, ಅಜiಂಪTರ ದjಣ ಕನ'ಡ [ ೆ.: - Gೆಳಂಗ+, ಬಂ]ಾkಳ, ಸುಳ , ಪTತೂರು ºÁ¸À£À [ ೆ.:- ಆಲೂರು, ಅರಕಲಗೂಡು, Gೇಲೂರು, ಸಕ ೇಶಪTರ ಮಂಡ [ ೆ:- ಮಳವU`, ಾಗಮಂಗಲ ೖಸೂರು [ ೆ:- (ೆm. + ೋ]ೆ, ಹುಣಸೂರು, O dಾಪಟYಣ =ವnಗo [ ೆ :- (ೊಸನಗರ, ಾಗರ, ೊರಬ = ಾ ಪTರ, 2ೕಥ ಹU` ಕ ಾ ಟಕ >ಾಜ tಾಲರ ಆ ೇuಾನು ಾರ ಮತು ಅವರ (ೆಸ ನ ¸À»/-
(/.7ೆಂಕ]ೇv) ಸ ಾ ರದ ಅwೕನ ಾಯ ದ= , ಆ(ಾರ, ಾಗ ಕ ಸರಬ>ಾಜು, -ಾ ಹಕರ ವ ವ(ಾರಗಳ ಮತು ಾನೂನು Eಾಪನuಾಸx ಇ ಾ ೆ,"
Based upon the aforesaid Government order, Official Memorandum is issued on 11-10-2021, restricting supply of kerosene to certain 11 Districts at certain quantity. This is based upon the directions of Government of India, on 09-09-2021, which reads as follows:
"To (1) The Director General, Petroleum planning & Analysis Cell, SCOPE complex, Core 8, Lodhi Road, New Delhi-110003.
(2) The secretary/Administrator, Deptt. of Food and Civil Supplies (All Sates/UTs- as per the list attached).
Subject: Allocation of Kerosene for distribution under the Public Distribution System (PDS) for the 3rd Quarter of 2021-22 (October - December, 2021). Sir, I am directed to allocate PDS SKO Quota for the 3rd Quarter of 2021-22 to the States/UTs as per the annexure.
2. States/UTs are requested to ensure lifting of the entire allocation within the Quarter Itself. No carry forward of unlifted quantity, if any, to the subsequent quarter would be allowed, except in case of exigencies such as natural calamities.
3. State Governments/UT Administrations are to ensure that the availability of subsidized Kerosene is for distribution under Public Distribution system to the targeted beneficiaries, only for the purposes of cooking and Illumination. State Governments/UT administrations are also to ensure that allocated Kerosene is not diverted for adulteration of petrol/diesel or for any other unintended use.
Yours Faithfully
Encl.: As Above Sd/-
(Rakesh Mishra)
Under Secretary to the Govt. of India
Tele: 23385557"
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The Government of India, in the Ministry of Petroleum and Natural Gas, directs allocation of kerosene for distribution under the PDS to the targeted beneficiaries only for the purpose of cooking and illumination. The reason was rampant diversion of kerosene for petrol and diesel or any other unintended use. The annexure appended would indicate that the State of Karnataka was allocated 7440 kiloliters of kerosene for the third quarter of 2021-22. It is continued from time to time. Statistics were called for by the Government of India as to the usage of kerosene. The kerosene card count of all the Districts of Karnataka is as follows:
"The Statistics as on : Dec 16 2021 1:40 AM Report on No. of Kerosene cards as on date ALL RURAL URBAN District Kerosene Card Count BAGALKOTE 192 BENGALURU 3 BELAGAVI 69 BALLARI 213 BIDAR 13 VIJAYAPURA 78 CHIKKAMAGALURU 3 CHITRADURGA 77 DAKSHINA KANNADA 8 DAVANAGERE 5 DHARWAD 36 GADAG 26 KALABURAGI 24 HASSAN 51 13 HAVERI 69 KODAGU 115 KOPPAL 1446 MANDYA 1 MYSURU 29 RAICHUR 27 SHIVAMOGGA 54 TUMAKURU 38 UDUPI 14 UTTARA KANNADA 2460 CHIKKABALLAPURA 5 RAMANAGARA 23 YADGIR 102 BANGALORE EAST 1 TOTAL 5182"
The petitioner now seeks variance with the Government order with regard to supply of kerosene. If the card count chart noticed supra is seen, the kerosene usage by the citizens of the State has completely dwindled. It is, therefore, for all household or cards which have LPG connection, are given only 1 liter of kerosene and below poverty line citizens who do not have LPG connection are given 3 liters of kerosene for cooking and illumination. This is based upon the statistical data that the Government of India had secured prior to afore-quoted direction restricting its usage. Insofar as State of Karnataka is concerned, as noticed hereinabove, the 14 allocation is 7440 kiloliters and the usage for 5182 cards. Therefore, it is far beyond what is necessary to be allocated.
8. The petitioner is an association of dealers. No consumer has come forward contending that the restricted distribution of kerosene to 1 liter to LPG card holders and 3 liters to non-LPG card holders has put their lives into jeopardy. It is dealers who are crying foul of the Government order. Public distribution system unless smacks arbitrariness or is on the basis of which discrimination ensues, only then it is amenable to judicial review. The kerosene dealers who are complaining that their dealership is at jeopardy, due to restricted distribution of kerosene, cannot contend discrimination.
9. It is trite law that this Court would not step into the shoes of the Administrator and manage distribution of kerosene through the public distribution system. The Courts exercising jurisdiction under Article 226 of the Constitution would be loathe to interfere with any such policy, unless it projects exceptional circumstances of violation of Article 14 of the Constitution of India. The Government 15 orders are neither arbitrary nor discriminatory. They allegedly take away the revenue of dealers and taking away imaginary revenue of the petitioners would not bring them to the doors of this Court seeking a challenge to the Government order with regard to distribution of kerosene. It is trite that personal financial interest should always yield to larger public interest. As observed hereinabove, this Court would not sit and monitor usage of kerosene by whom, for what purpose, either for cooking or illumination. If this petition is entertained, it would amount to the Court monitoring public distribution system. In the considered view of this Court, the Courts would not run the race of distribution of any kind in a public distribution system, unless the distribution depicts palpable arbitrariness, which in no way is found in the case at hand.
10. In the result, finding no merit in the petition, the petition stands rejected.
Sd/-
(M. NAGAPRASANNA) JUDGE bkp CT:SS