SHYAM GAS COMPANY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner has filed the aforesaid four petitions and they are interconnected both on facts and arise out of either consequential orders or for the purpose of enforcement of the right depending on facts of earlier writ petitions. Writ Petition Nos. 7009 of 1986, 15224 of 1986 and 1944 of 1987 have been admitted and writ no. 8013 of 1987 was not admitted and was directed to be listed for admission along with the aforesaid writ petitions. Since common argument was made in all these petitions both by the petitioner and the respondents and counter and rejoinder affidavits have been exchanged between the parties they are being disposed of finally in accordance with the Rules of Court by means of this common judgment.

(2.) The petitioner-firm obtained a Gas Agency from M/s. Bharat Petroleum Corpn. under scheduled caste quota and an agreement was executed for the same between Messrs Bharat Petroleum Corporation Ltd. and the petitioner on 21/03/1983. The petitioner-firm were appointed as the distributors at Hathras in district Aligarh for the distribution of L.P.G. (Cooking Gas). Writ petition No. 7009 of 1986 arises out of a First Information Report lodged on 28-2-1986 at Police Station Hathras Gate, Hathras, District Aligarh u/S. 3/7, Essential Commodities Act, Crime Case No. 45, both as against the Proprietor Shyam Lal Maurya as well as against the Manager of the petitioner firm. The charges levelled in the FIR were that the distribution of the gas cylinders was not made to the proper persons and the names of four persons were given to show that gas was alleged to have been issued to them but they did not receive the same. Further, the rate board and stock board were not properly maintained. It referred the violation of cls. 3, 4, 5 and 8 of U.P. Essential Commodities (Display of Prices and Stocks and Control of Supply and Distribution) Order, 1977. There were some other charges also levelled in the FIR. On account of verification by the Audit Department the godown and the show-room of the petitioner was alleged to have been closed from 22nd to 27/02/1986, and the FIR was lodged on the next day, i.e. 28/02/1986. Both the proprietor and the Manager of the firm filed a petition in this Court u/S. 482, Cr. P.C. wherein arrest of these two persons were stayed. On the date, the raiding party reached the godown of the petitioner the District Supply Officer also ordered for the sealing of the godown. The petitioner further urged that the police investigation reached the conclusion that no case was made out against the petitioner-firm or against its Proprietor or the Manager. Further, it was alleged that the aforesaid 1977 Order does not apply to the petitioner-firm as they are neither retailer or wholesaler but they are only distributor and in any case the petitioner had not committed any offence under the aforesaid Order. Thus, they sought for quashing of the aforesaid FIR along with the quashing of orders dated 7/03/1986 (Annexure 5), 24/03/1986 (Annexure 6), 29/03/1986 (Annexure 8) and 24/04/1986. In fact, Annexure 5 is a letter dated 8/03/1986, of the A.D.M. (Civil Supplies) directing Hathras Gas Agency to undertake the distribution of gas cylinders of the petitioner, which were seized on 28-2-1986 and thereafter this order was amended by means of order dated 24/03/1986 (Annexure 6 to the petition). Thereafter, it was directed that the said gas cylinders of the petitioner should be distributed by the U.P. State Food and Essential Commodities Corporation Ltd. through its District Manager. Similarly, notice dated 29/03/1986 (Annexure 8 to the petition) was issued u/S. 3(1) of the U.P. Accommodation Requisition Act, 1947, for requisitioning the godown, which had been sealed. This proceeding, according to the petitioner, was taken in addition so as to sustain the illegal action in case of its failure on prosecuting the petitioner under the Essential Commodities Act and finally the concerned authority passed an order dated 24/04/1986 (Annexure 10) requisitioning the said godown u/S.3(2) of the said Act. On 17/07/1986, this Court stayed the operation of the three impugned orders dated 7-3-1986 (Annexure 5), order dated 24-3-1986 (Annexure 6) and dated 24/04/1986 (Annexure 10).

(3.) In the second writ petition No. 15224 of 1986 the petitioner alleged mala fide as against the A.D.M. (Civil Supply), Aligarh, which has led to the passing of various orders which are impugned in the Writ Petition No. 7009 of 1986. The matter did not rest there. It is alleged he further wrote letter dated 3/03/1986, to the Divisional Manager, Bharat Petroleum Corporation Ltd., Bareilly (Annexure 5) for immediate termination of gas agency of the petitioner. As a consequence the Corporation sent letter dated 15/07/1986 to the petitioner why its gas agency be not terminated. At the time of filing of this second writ petition though the petitioner annexed it as Annexure 7 but alleged that the same had been served on him. It referred to the termination of the agency on expiry of thirty days under cl. 28 of the aforesaid agreement. The petitioner thus sought for a writ of mandamus restraining the respondent Corporation not to cancel its agency and also not to cause any interference in the supply of L.P.G. (Cooking gas) cylinders, and further to quash the said notice dated 15/07/1986 (Annexure 7). At the time of admission this Court by means of interim order stayed the operation of the order dated 15/07/1986, passed by the respondent No. 1 Corporation.