PREM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD finally with the consent of the - parties.

(2.) THE petitioner challenges the order passed elated 09 -04 -2003, whereby his retail diesel license No. HRH 42/95, which was valid upto 31 -03 -2003, was refused to be renewed for the year 2003 -04. This order was passed on the ground that his shop was within 8 kms, of distance from the retail outlet of diesel in the plane -area and as directed in Government Order No. 633/S.Food/2002 dated 26 -04 -2002, such licenses of the petty dealers, who were operating within 8 kms. of the retail outlet, should not be renewed. "

(3.) THE petitioner came before this Court by way of this writ petition on 28th December, 2003 and his writ petition was entertained. The main basis of the writ petitioner was that his case was completely covered by the Division Bench judgment of this Court in Civil Writ Petition No 252 of 2003 (M/B), In that case, relying on a decision reported in 2002(4) Supreme Court Cases 98. in the case of State of U.P. & others Vs. Daulat Ram Gupta, this Court held that the condition regarding the retail outlet being beyond a distance of 5 or 8 kms., as the case may be, contained in Government Order dated 26 -04 -2002; was bad in law as it was contrary to and inconsistent with clause 16(6) of the U.P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981. There is no dispute before us that the same statutory order, which is passed under the provisions of the Essential Commodities Act, is applicable to the State of Uttaranchal also. In that judgment, the Division Bench of this Court clearly held that the controversy was fully covered by the aforementioned Supreme Court judgment and therefore, held that the direction No. 2 in the impugned Government Order dated 26 -04 -2002 was bad in law and thus It was directed to be quashed.