Narendra Kumar Jain, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner was holding a license for retail sale of kerosene -oil under the provisions of the Rajasthan Trade Article (License and Control) Rules, 1980 (for short, 'the Rules of 1980') for village Raini, Tehsil Rajgarh, District Alwar. The petitioner wanted the license for sale of kerosene -oil under the Rules of 1980 to be issued in his name for any of Ward in Rajgarh, therefore, he voluntarily surrendered his license and applied for license for any of the Ward in Rajgarh. However, the request of the petitioner was turned down vide order dated 30th August, 2003 (Annexure -6), which is under challenge in this writ petition. The learned Counsel for the petitioner submits that the petitioner was already holding a license and he voluntarily surrendered the same under the impression that he will be given a fresh license for any of the ward in Rajgarh but his request has been turned down and, so far as license for village Raini is concerned, he has already surrendered the same, therefore, the impugned order dated 30th August, 2003 passed by the District Supply Officer, Alwar, may be set -aside and he may be directed to reconsider the case of the petitioner afresh for issuing license for Rajgarh.
(3.) THE learned Additional Government Counsel, appearing on behalf of the respondents, contended that it was the petitioner who himself surrendered the license which was issued to him for the village Raini and his request for issue of fresh license for Rajgarh was declined on the basis of direction of Food and Civil Supply Department, Government of Rajasthan, Jaipur. However, a liberty was given to him to have a license for village Raini, Tehsil Rajgarh, District Alwar. It is further contended that there is no legal right of the petitioner which is said to have been violated in the present case, therefore, the present writ petition deserves to be dismissed.;