DAYA SHANKAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) IN this case, a simple question arises as to whether on the appointment of an agent, as defined in Para 2 (a) of U. P. Kerosene Control Order, 1962, as amended from time to time, the appointment of the petitioner as Distributor, as defined in Para 2 (aa) of the said Order automatically comes to an end by reason of Condition No. 2 contained in the Government Order No. 1646/29-7-33 (KO)-1990 dated, 19th May, 1990.

(2.) IN fact by an order dated 6th April, 1993, passed by the Additional District Magistrate (Admin.) Azamgarh which is Annexure '7' to the writ petition, the petitioner has been informed that in view of Condition No. 2 contained in Q. O. No. 1646, dated 19th May, 1990 aforesaid, on the appoint ment of M/s. Janki Petroleum, Proprietor Sri Rajendra Kumar Singh, the appointment of the petitioner has come to an end.

(3.) IN the rejoinder affidavit, the petitioner has disputed the area of operation of respondent No. 5. According to him, respondent No. 5 was appointed Agent in respect of Tehsil Budhanpur which comprises 3 Blocks Koilsa, Atraulia and Ahraula. It was pointed out in the rejoinder affidavit that from Annexure 'ca-1', it appears that respondent No. 5 was allotted 2 kilo litres of kerosene oil for distribution at Ahraula Block authorising him separately the agency for distribution of Kerosene Oil at Ahraula Block. Whereas from letters issued by the Oil Company which are Annexures 'ra-1' and 'ra-2', it appears that respondent No. 5 was given Agency by the Oil Company for distribution of 10 kilo litres of kerosene in Ahraula Block. Whereas the petitioner is operating at Koilsa Blcck.