GAYATRI TRADERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN all these cases as a common question is involved, they were heard together and disposed of by this common judgment.

(2.) THE writ petitions have been preferred by the petitioners - kerosene oil dealers against Circular dated 4th June 2010 circulated vide communication dated 8th June 2010 issued by the 1st respondent - State of Gujarat. THE aforesaid order dated 4th June 2010 was issued by the State in exercise of powers conferred under sub-clause (1) of Clause 24 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981 (hereinafter referred to as `the Control Order') directing the kerosene oil dealers of the Oil Companies to deliver kerosene oil only on the date and the route pre fixed by Dy. F.C./D.S.O. to the fair price shop owners, kerosene retailers and hawkers at their respective shops and locations. In the writ petition, the petitioners prayed for interim relief. Initially while Rule was made returnable an ad-interim order was passed., but subsequently, taking into consideration the fact that such distribution system is in operation in almost all the Districts of Gujarat, barring few exceptions in the year 2006, learned Single Judge by the impugned order dated 14th December 2010 having refused to extend the ad-interim order and having vacated such ad-interim order, the two Letters Patent Appeals have been preferred against such common order dated 14th December 2010. For the said reason, the Letters Patent Appeals were also heard along with the main writ petitions on the request of the learned counsel for the parties.

(3.) LEARNED counsel for the petitioners would contend that the Control Order has been issued by the State Government in exercise of power conferred under Sec.3 of the Essential Commodities Act. The impugned Control Order dated 4th June 2010 issued in exercise of power conferred under clause 24(1) of the Control Order whereunder the State Government has power to issue directions in accordance with the provisions of the Control Order. Under sub-clause (3) of Clause 18 of the Control Order, no dealer or his agent or representative or a person working on his behalf can sell or offer to sell or deliver or dispose of or distribute the essential commodity, including kerosene oil, at any other place than the place of business as shown in the licence. A perusal of the aforesaid clause makes it clear that there is a clear stipulation to the dealers not to sell, deliver, dispose of, or distribute any stock of any essential article at any other place than the place of business as shown in the licence.