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WP(C) NO. 10724 OF 2021

3. The learned ASGI has filed a statement on behalf of the 1st respondent, wherein it is contended that the petitioners have no legal or fundamental right to claim the allocation of kerosene in the manner that they think fit. In paragraph 3 of the statement, the rationale behind the reduction of allocation of kerosene to the States by the Government of India has been summarized as follows:

"i. That the PDS Kerosene allocation is made by the Centre to the States on quarterly basis for the purpose of cooking and illumination only; ii. That LPG is a cleaner and environment friendly fuel as compared to Kerosene and thus, the Government has aimed to expand the coverage of LPG for cooking purposes and to commensurately reduce the PDS Kerosene allocation. iii. That similarly, expansion of electricity coverage in a Stage is also considered while reducing the PDS Kerosene allocation. iv. That due to a huge price difference between PDS Kerosene and transportation fuels, there is also a huge possibility of PDS Kerosene's diversion for adulteration and other unintended uses."

WP(C) NO. 10724 OF 2021 It is further submitted that the Government of India has taken a well considered policy decision in larger public interest to reduce the quarterly allocation of PDS kerosene to the States/UTs concerned, which is done on the basis of LPG/PNG expansion, increase in electrification coverage etc. of the respective States/UTs. It is contended that this Court does not generally interfere with such policy decisions.

5. In answer to the above contention, it is stated in the statement filed by the learned ASGI that the 1 st WP(C) NO. 10724 OF 2021 respondent is not able to rationalize the PDS kerosene allocation as far as the State of West Bengal is concerned owing to an order of stay issued by the Hon'ble High Court of Calcutta. It is stated that except for West Bengal, the allocation to all other States is being reduced. It is further submitted that the writ petition before the Calcutta High Court is seriously contested and that it is only because of the exigency of Court work that the same is not getting finally heard. It is also pointed out that similar writ petition filed in the Madras High Court was dismissed.

6. A statement has been filed on behalf of the 2nd respondent. It has stated therein that the State Government has repeatedly addressed the Government of India to enhance the kerosene allocation for the State. It is further stated that in reply to a letter addressed to the Government of India by the Hon'ble Chief Minister, the Hon'ble Minister for Petroleum and Natural Gas, Government of India has informed that the Ministry WP(C) NO. 10724 OF 2021 of Petroleum and Natural Gas makes allocation of PDS kerosene to the States on quarterly basis for the purpose of cooking and lighting alone and that as on 01.06.2019, LPG coverage for the State is 107.5% and coverage of households under electricity is 100% as on 26.06.2019. It is stated that since the allotment of kerosene is purely decided by the Ministry of Petroleum and Natural Gas, the State Government has no further remarks on the issue.