MOTIRAM MANOHARLAL Vs. STATE OF U P

JUDGEMENT

(1.) These petitions under Article 226 of the Constitution impugned the validity of the Government Orders dated 2.6.2008, 20.11.2008 and 24.12.2008 issued by the State Government whereby certain directions have been issued inter alia for installation of dispensing units through which the kerosene is to be sold. The Government Order dated 20.11.2008 extend the earlier time fixed to 31.3.2009. The third Government Order dated 24.12.2008 is also a consequential order whereby it was made clear that in case the directions issued in earlier Government Orders is not complied with the penal action shall be taken against the earring dealers.

(2.) As common question of law are involved and the facts of the cases of batch of writ petitions are also similar, the above writ petitions are being disposed of by a common judgment.

(3.) Before we advert to the legal question, we may briefly set out the facts in the background. We shall refer the facts of the Writ Petition No. 16929 of 2009 (M/s Motiram Manoharlal & others v. State of U.P. and others) as a lead petition.