- (1.) This intra-court appeal is directed against the order dated 17.12.2009 whereby the learned Single Judge of this Court has dismissed in limine the writ petition (CWP No. 11248/2009) preferred by the petitioner-appellant.
(2.) The appellant, said to be a union of the persons dealing in blue kerosene as authorised dealers of the State, sought to the following reliefs in the writ petition:- "1. That the respondent State Govt. be directed to issue the license to the member of the Petitioner Union for the sale of food articles along with the other essential commodities including blue kerosene. 2. Any other appropriate relief, as deemed fit, may also be granted to the Petitioner Union. 3. Costs be awarded."
(3.) The learned Single Judge, after considering the law applicable to the case including the provisions of the Rajasthan Food Grains & Other Essential Articles (Regulation & Distribution) Order, 1976 ('the Order of 1976') pointed out that the members of the petitioner union were authorised only to obtain and supply blue kerosene and, therefore, they cannot claim the authorisation for supply of food grains as a matter of right. The learned Judge observed that if the State Government decides to issue more licenses to operate the fair price shop for supply of food grains in the areas where the members of the petitioner union were operating, they could always apply for the same but the Court cannot issue any direction to the State Government to issue an authorisation to any person for being the wholesale/fair price shop keeper to obtain and supply the food grains and other essential articles in any specified area.;