BENGALURU: The Karnataka High Court dismissed the petition filed by Akhila Karnataka Kerosene Wholesale Dealers’ Association, questioning the government order and official memorandum which restricts the supply of kerosene to LPG card holders and non-LPG card holders.
Justice M Nagaprasanna dismissed the petition questioning the government order dated October 8, 2021, and official memorandum dated October 11, 2021, with an observation that courts would not run the race of distribution of any kind in a public distribution system (PDS), unless the distribution depicts palpable arbitrariness, which in no way is found in this case.
Through the order, the state government restricted the supply of kerosene to 1 litre per household for LPG gas holders, and 3 litres per household for non-LPG BPL card holders. Subsequently, an official memorandum was issued, restricting the supply of kerosene to certain taluks in 11 districts, and does not consider kerosene supply to all taluks in all districts.
The court noted that the petitioner is an association of dealers. No consumer has come forward contending that restricted distribution of kerosene has put their lives in jeopardy. It is dealers who are crying foul. Unless the PDS smacks of arbitrariness or becomes the basis of discrimination, only then is it amenable to judicial review. Kerosene dealers who are complaining that their dealership is in jeopardy due to restricted distribution of kerosene, cannot claim discrimination, the court added.