ABHAI OIL COMPANY Vs. DISTRICT MAGISTRATE GORAKHPUR

JUDGEMENT

(1.) Heard Sri Ramesh Singh, learned counsel for the petitioners and Sri R. K. Awasthi, learned standing counsel for respondents 1 to 3.

(2.) The only short dispute is whether the order dated 25-10-1997 of District Magistrate, Gorakhpur (Annexure 7 to the writ petition) cancelling the earlier order of his predecessor dated 19-9-1997 (Annexure 6 to the writ petition) enhancing transportation charges from Rs. 100 to Rs. 145 per kilolitre and his subsequent order dated 26-3-1998 and orders of the A.D.M. (Civil Supplies) dated 30-3-1998 passed on 30-3-1998 (Annexure 8 to the writ petition) whereby transportation charges had been reduced to Rs. 56.55 paise per kilolitre could be upheld.

(3.) The petitioners are wholesale dealers carrying on business of selling kerosene oil. They were entitled to charge under the Government orders issued from time to time, the scheduled price as certified by Oil Company, sales tax, commission along with operational expenses, local taxes and transportation cost, if any. On 10-5-1994 a circular was issued by the State Government to the District Magistrates and they were authorised to fix transportation charges on location of storage places. The District Magistrate, Gorakhpur fixed uniform rate of Rs. 100.00 as transportation charge per kilolitre as the depot was in Gorakhpur city. The depot was shifted from Gorakhpur city to Baitalpur in District Deoria. Upon the representation of the wholesalers' association, due to increase in transportation cost and considering the distance the District Magistrate, Gorakhpur by his order dated 19-9-1997 enhanced the transportation charges from Rs. 100 to Rs. 145 per kilolitre. This was cancelled by the impugned order dated 25-10-1997.