SINGHAL, J. - (1.) This Special Appeal has been filed against the judgment of the learned Single Judge dated 6/08/1992 wherein, the writ petition submitted under Art. 226 of the Constitution of India was allowed and it was declared that the incharge of the various depot from where the kerosene was being sold to the members of the petitioner Sangh are not bound to obey the verbal instructions/ directions of the District Supply Officer and that the members of the petitioner Sangh cannot be deprived from purchasing kerosene oil from the various godowns and to deal in them as retailers under the licenses which are still valid.
(2.) The submission of the learned Additional Advocate General is two fold namely; the grant of license does not confer any right on the respondents to procure the kerosene oil and the appellants are not bound to sale the same to the respondents and that it is a policy matter in which the Court should not interfere and since no mala fide has been alleged or proved the directions given by the learned Single Judge are not in accordance with law.
(3.) Reliance has been placed on the decision of Mohd. Fida Karim v. State of Bihar, AIR 1992 SC 1191 wherein, it was held that "It is also well settled that the right of vend of excisable articles is exclusively and absolutely, owned by the State Government. The Government realised its mistake and thus adopted a new policy to augment its revenue and to avoid monopolistic tendency. There is nothing wrong in taking such view by the State Government and to change its policy considering the same to be in public interest. Moreover, the said policy decision by the Government cannot also be challenged on ground of promissory estoppel or violation of Art. 14. There ,was neither any promise nor there is any justification to hold that the licences altered their position on the basis of promise.";