SATISH MAGANLAL VORA Vs. UNION OF INDIA

JUDGEMENT

(1.) .These two appeals arise out of judgment and order of the learned single Judge dated 1st April, 2000 in Special Civil Application No. 5981 of 1999 with Special Civil Application No. 1365 of 2000 and Special Civil Application No. 9076 of 2000 (Satish Maganlal Vora v. Union of India, reported in 2001 (3) GLR 2173), rejecting these writ petitions. Both the appeals have been argued together fully and finally by both the sides since they involved common questions and are filed by the same appellant, who had filed these petitions.

(2.) . In Special Civil Application No. 5981 of 1999, the appellant had challenged the validity of the Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractice's) Order, 1998 (hereinafter referred to as 'the impugned Order of 1998') and seeking a declaration that the petitioner's product "Patrex" was not covered by the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') and impugned Order of 1998. The appellant also challenged the order dated 3rd June, 1999, at Annexure 'K' to that petition passed by the District Supply Officer seizing the goods detailed in the order namely, Patrex branded motor fuel, Methanol, Hydrocarbon, Acetone, mixed raw material etc. The appellant also challenged the order dated 25-10-1999, at Annexure 'L(l)' to that petition made under Sec. 6-A of the said Act, confirming the order of the District Supply Officer and directing that the seized stock of the petitioner's proprietary concern M/s. Sonar Petrochem valued at Rs. 10,80,521-00 be confiscated.

(3.) . The case of the appellant as reflected from his petition (Special Civil Application No. 5981 of 1999) is that he is the Managing Director of M/s. Patrex Fuels India Ltd. and a sole proprietor of M/s Sonar Petrochem, and that he had invented a product by mixing Hydrocarbon liquid like Naphtha, Methyl Alcohol and additives (trade secret). According to him, 'Patrex' served the purpose of providing motive power to petrol driven vehicles and the same can be used as substitute to normal ordinary petrol sold in open market through petrol pumps. According to him, his product was tested by Petroleum Conservation Research Association as well as Bharat Petroleum Corporation Ltd. Since the appellant had commercially developed his product 'Patrex' throughout India, according to him, it was not feasible for him to go and file writ petitions in each and every State for declaration that his product was not covered by the Essential Commodities Act, and that his business should not be obstructed and interfered with, and therefore, in May, 1997, he approached the Hon'ble Supreme Court by filing Writ Petition No. 202 of 1997 for a declaration that 'Patrex' is not covered by the said Act. It is stated in paragraph 10 of that petition that, after hearing his Advocate, the Supreme Court was pleased to dismiss the petition by its order dated 5-5-1997. The order of the Supreme Court reads as follows :