STATE OF U P Vs. DAULAT RAM GUPTA

JUDGEMENT

(1.) V. N. Khare, J. Leave granted in SLP (Civil) Nos. 472/2002, 473/2002, 13106/2001 and 2908/2002.

(2.) THE short question which falls for our consideration in this group of appeals is whether the State Government or the licensing authority can issue direction for refusal of renewal of licences granted to petty dealers under the U. P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 (hereinafter referred to as the 'statutory order') if their places of business are within a radius of five kilometers of retail outlet run by a Government Oil Company.

(3.) AFTER passing of the Act, the Government of U. P. felt that in the absence of retail outlets for sale of diesel oil in rural areas, the consumers, specially the farmers have to face considerable hardship in carrying out their agricultural operations and, therefore, it took decision to grant licences to petty dealers in rural areas to sell diesel oil. It is in the aforesaid background, the State Government of U. P. framed the statutory order, in exercise of power delegated to it under the Act.