“5. We have scanned through the file submitted by the learned Government Pleader for which purpose this case was adjourned. As yet, no proceedings have been initiated against the petitioner for any enquiry. It is pertinent to mention that action can betaken against the petitioner, if the enquiry is initiated and pending and that the directives of this kind can be issued to withhold the distribution of kerosene. There being no such enquiry, we have to necessarily hold that the directives of the 2nd respondent to withhold kerosene, other than the cardholders, and store it with him was quite arbitrary. More so, when the 2nd respondent imposes condition on the petitioner that he should lift the entire quota of 72 kilo litres of kerosene, but to distribute only 25 kilo litres to cardholders and keep the rest with him without supplying to anybody and thus the very object of public distribution system is defeated, as the supply of kerosene is regulated because of the scarcity and importance of the same. If kerosene has to be necessarily drawn, but cannot be supplied, that too a major quantity of drawal, it will negate the very purpose of public distribution system. That apart, the petitioner pays the price for the kerosene according to the allotment and it is quite unreasonable on the part of the second respondent to force the petitioner to waste not only the kerosene by ordering it not to supply to others other than card holders, but also suffer financially as the investment becomes dead. We are of the view that the 2nd respondent was not correct in imposing the condition that the petitioner shall lift the entire allotted quantity, but supply only 1/3rd and keep 2/3rd with him for no purpose. Of course, that trouble is solved because of the interim order of this Court granted on 30-6-1995 passed in WPMP No.14784 of 1995. We continue the same direction as final order in this Writ Petition. But, we have to make observation with regard to the conduct of the business by the petitioner. As indisputably, the kerosene which the petitioner draws is meant for public distribution in accordance with the directives of the Joint Collector, who fixes the quantity for drawal and also for distribution very month, the petitioner is obliged to follow the same. It is needless to mention that if such directives issued henceforth every moth, are violated, then appropriate action can be initiated against the petitioner.”
