KONKAN WATERWAYS Vs. UNION OF INDIA

JUDGEMENT

(1.) the petitioner has invoked a writ of certiorari for quashing the decision/direction of respondent-2 contained in communication dated 21-2-1983 under annexure-a, Annexure-A being a direction to the petitioner which reads as follows : "you are once again informed that you are illegally storing class b petroleum in the above vessel and dispensing the same to the fishing boat through diesel-operated pumps, as you do not hold a proper licence issued under the petroleum rules, 1976. This was made clear to your representative who called at thii office on 189-82. You should therefore desist from the using the floating vessel for dispensing hsd to the fishing boats. if you want to store hsd for this purpose you may install proper storage tank(s) near the place connected dispensing pump(s) and take out a licence in the appropriate form under petroleum rules, 1976 for which purpose you may send your proposal for approval initially along with Rs. 10-00 (in form of demand draft) in favour of dy. Chief controller of explosives, south circle, Madras towards scrutiny fee. please acknowledge the receipt of this letter and report compliance immediately."

(2.) the grievance of the petitioner isthat the said order is not warranted by law and that the department of explosives has no jurisdiction whatsoever in regard to the barge belonging to the petitioner and that the proper authority having the necessary jurisdiction is only the mercantile marine department.

(3.) it is also the case of the petitioner that the directions to respondent-3 not to supply hsd to the petitioner is illegal and without jurisdiction. Lastly it is contended that the impugned order of respondent-2 infringes the fundamental right of the petitioner.