- (1.) The petitioners are licencees under the Haryana Kerosene Oil Dealers Licensing Order, 1976 (hereinafter called the Licensing Order). The licensees are required to sell Kerosene Oil to the ration card holders attached to them by the Food and Supplies Department. It is the case of the petitioners that 2720 ration card holders were attached with petitioner No. 1, whereas 2103 card holders were attached with petitioner No. 2 for the purpose of supply of kerosene oil. There are other Depot Holders and Fair Price Shops in the area where the petitioners are carrying on their business who have been exempted from taking the licence under the Licensing Order by issuance of an order under Clause 14 he Licensing Order. By the impugned order, Annexure P/5, which was issued by respondent No. 4, i.e. Assistant Food and Supplies Officer, Charkhi Dadri, District Bhiwani, the number of ration card holders attached to petitioner Nos. 1 & 2 have been reduced to 330 and 380 respectively. This order had been made effective from 1.10.1991. It is this order that has been impugned in the present writ petition.
(2.) The entitlement of the Licencees under the Licensing Order for the supply of the Kerosene Oil is based on the number of ration card holders attached to a particular Licencee/Depot holder/Fair price shop. When, this writ petition was admitted, it was ordered that the petitioners would keep on getting the supply of the Kerosene Oil as per their initial entitlement. An application (C.M. No. 1123 of 1993) was moved by the respondents to vacate the stay order granted by the Motion Bench. Notice of this application was given to the counsel for the writ petitioners. With the consent heard them in the main case as I proposed to dispose of the same.
(3.) Learned counsel for the petitioners submitted that respondents have no jurisdiction in law to curtail the number of ration card holders attached to the petitioners for the supply of Kerosene Oil and in any case, the curtailment in the number of ration cards could not be done without affording an opportunity of hearing to the petitioners.;