Case Note & Summary
The petitioner, Indira Women Saving Group (Mahila Bachat Gat) Yermala, a self-help women's group, filed a writ petition challenging the judgment and order dated 23.8.2012 passed by the Minister for Food, Civil Supply and Consumer Protection in Revision No. VAM-1011/PK 320/11/Civil Supply – 21. The Minister had renewed the licence of respondent No.5, Suryakant & Company, for a kerosene retail shop after a period of 11 years and cancelled the proclamation issued for grant of a new licence to the petitioner. The petitioner had applied for a new licence in pursuance to a proclamation issued by the District Supply Officer, the competent authority, under prevailing government policies. The petitioner's group had been functioning since 2003 with the object of women's welfare and was desirous of starting new commercial activities. Respondent No.5 had been granted a licence bearing No. 1996/CSI/SRNO-38, which was renewed only till 31.12.1997. Thereafter, respondent No.5 did not renew the licence, and it was cancelled. The petitioner contended that as respondent No.5 had other licences, it did not renew the present licence, and card holders from the village were attached to other shops. The petitioner argued that the Minister's order was arbitrary and that the petitioner had a legitimate expectation to be granted the new licence. The respondents argued that the Minister's order was valid and that the petitioner had no locus standi. The Court held that the petitioner had no locus standi to challenge the renewal as the proclamation was issued without considering the existing licence of respondent No.5. The Court found that the Minister's revisional order was justified and dismissed the writ petition.
Headnote
A) Administrative Law - Locus Standi - Challenge to Renewal of Licence - The petitioner, a women's self-help group, challenged the renewal of a kerosene retail shop licence of respondent No.5 after 11 years and the cancellation of a proclamation for a new licence. The Court held that the petitioner had no locus standi to challenge the renewal as the proclamation was issued without considering the existing licence of respondent No.5, and the Minister's order was valid. (Paras 1-6) B) Food and Civil Supplies - Renewal of Licence - Delay in Renewal - The licence of respondent No.5 was renewed by the Minister after a period of 11 years. The Court held that the Minister's revisional order was justified as the proclamation for a new licence was issued without considering the existing licence, and the petitioner had no right to the new licence. (Paras 2-6)
Issue of Consideration
Whether the Minister for Food, Civil Supply and Consumer Protection was justified in renewing the licence of respondent No.5 after a period of 11 years and cancelling the proclamation issued for grant of new licence to the petitioner.
Final Decision
The writ petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Locus standi
- Renewal of licence
- Revisional powers
- Government policy on self-help groups
- Cancellation of proclamation
