Court No. - 4 Case :- MISC. BENCH No. - 118 of 2010 Petitioner :- Ved Prakash Mishra S/O Arjun Prasad & Ors. Respondent :- State Of U.P. Thru Secy. Food & Cv. Supply & Ors. Petitioner Counsel :- Girdhari Lal Shukla Respondent Counsel :- C.S.C. Hon'ble Sunil Ambwani,J.
Hon’ble Dr. Satish Chandra,J.
Heard learned counsel for the petitioner. Learned standing counsel
appears for the state respondents.
Learned counsel for the petitioner states that in almost similar
circumstances, this Court has passed an order on 18.12.2009 in
Writ Petition (MB) No. 11705 of 2009 as follows:
“Notice on behalf of respondents has been accepted by the learned
Chief Standing Counsel.
With the consent of the parties’ counsel, the petition is being disposed
of finally at the admission stage.
The petitioners, Petty Diesel Dealers, who had been issued licence
under the provisions of U.P. High Speed Diesel Oil & Light Diesel Oil
(Maintenance of Supplies and Distribution) Order, 1981, are continuing
with their business for the last several years.
The petitioners applied for renewal of their licence, some times in the
year 2007, but their licences have not been renewed, though during
the pendency of the renewal application, they are continuing with their
business.
Argument of the learned counsel for the petitioners is that because of
restriction of distance of 5 k.m., between a retail seller and petty diesel
dealer, imposed by the State Government, the renewal is not being
considered.
Reliance has been placed upon a judgement of this in the case of
Daulat Ram Gupta vs. State of U.P., reported in 1995 (2) EFR 169,
wherein the aforesaid condition has been held to be illegal and
unreasonable.
Since the aforesaid condition has been held to be illegal and arbitrary,
we direct that the renewal of the licence of the petitioners, shall be
considered by the authority concerned, expeditiously, in accordance
with law, ignoring the aforesaid condition.
The petition is disposed of accordingly.”
On the facts and circumstances of the case, the petitioner is also
entitled to the benefit of same order.
The writ petition is accordingly disposed of with directions that
ignoring the restriction of distance of 5 k.m. between a retail seller
and petty diesel dealer, the petitioner’s application for renewal of
the license may also be considered very expeditiously, and if
possible within six weeks from the date a certified copy of the
order is served on the authority concerned.
Order Date :- 8.1.2010
RKP