MISHRA BROTHERS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Petitioners of this petition have challenged the legality of the Government Orders dated 13.4.1998 and 30.1.1999 Annexures 1 and 3 respectively to the writ petition, by all the wholesale dealers of superior kerosene oil (in short S.K.O.) have been required to construct an under ground/above ground tank for storage of S.K.O. They have also questioned the vires and legality of Clause 3B of Uttar Pradesh Kerosene Control Order, 1962 (hereinafter referred to as the Control Order) which has been inserted by U. P. Kerosene Control (Amendment) Order, 1998, a copy of which has been filed as Anncxure-2 to the writ petition. Initially, dealers were required to get the underground /above ground tanks constructed by 31.3.1999 but this date has been further extended up to 31.7.1999, vide Government Order dated 6.4.1999. Petitioner No. 1 is a dealer, whereas petitioner No. 2 is an Association of Petroleum Dealers of Uttar Pradesh, which is a registered association as claimed in the writ petition.

(2.) We have heard Shri Basudev Prasad and Shri N.C. Rajvanshi, senior advocates, assisted by Shri Manoj Kumar Rajvanshi for petitioners and Shri Vinod Swaroop, learned Additional Advocate General, for respondent No. 1.

(3.) Case of the petitioners, in brief, is that there are about 793 wholesale dealers of S.K.O. in the State of Uttar Pradesh out of which only 361 dealers have underground storage tanks and 432 dealers are affected by the impugned Government Orders and Clause 3B in the Control Order which provide that if the dealers fail to construct underground/ above ground storage tank for kerosene oil within the date fixed, their licence shall be deemed to have been cancelled.