NAU BAHAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition was heard by me and after hearing learned counsel for the parties, I have dismissed the petition vide order dated 8th October, 2002, for the reasons to be recorded later on. Now here are the reasons for dismissing the aforesaid writ petition.

(2.) By means of present writ petition under Article 226 of the Constitution of India petitioner, who is a licensee for selling diesel oil under the provisions of U. P. High Speed Diesel Oil and Light Speed Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981, which hereinafter shall be referred to as the "licensing order", challenges the order of the appellate authority dated 27th January, 1994, passed in Appeal No. 9 of 1992-1993. The aforesaid licensing order has been issued in exercise of power under Essential Commodities Act, 1955, hereinafter referred to as the 'Act'. Petitioner has annexed a copy of the licence as Annexure-1 to this petition, which was granted under the provisions of the aforesaid licensing order, which contain conditions also. According to the conditions of licence, in case of violation of any of the conditions mentioned therein, the licence of the petitioner can be cancelled and he will be punished under the provisions of Section 7 of the Act.

(3.) A show cause notice has been issued by the Collector/Licensing Authority on 1st January, 1991 to the petitioner referring certain irregularities and illegalities found through inspection dated 18th December, 1990, asking him to show cause as to why his licence aforesaid should not be cancelled and suspended the licence immediately pending decision on the show cause notice. The petitioner-licensee has submitted reply to the aforesaid show cause notice, which has been considered by the District Magistrate/ Collector, Bijnor and it was found by the Collector that the petitioner has breached the Condition Nos. 4 (1), (5) and (6) and, therefore, licence of the petitioner aforesaid was cancelled with immediate effect. A prosecution under Section 3/7 of the Act was also lodged against the petitioner before the Special Judge (E. C. Act)/ Additional Sessions Judge, Bijnor, whereby after trial, the petitioner was held guilty and convicted for an offence punishable under Section 3/7 of the Act for contravention of the conditions of the licence and also for the contravention of licensing order, for the term already undergone and to pay a fine of Rs. 1,000 under Section 3, read with Section 7 (1) (a) (i) of the Act.