ATUL TRADING CO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This group of Letters Patent Appeals has been preferred against the common order dated 15.9.2000, 19.1.2001 and 20.1.2001 passed by the learned Single Judge rejecting special civil applications filed by the wholesale dealers in essential commodity- kerosene . Notice was issued on the appeals and the learned counsel for the appellants and respondent State and its authorities were heard at length on the merits of the case. With their consent, the appeals are being finally decided by this common order.

(2.) All the appellants-petitioners who are wholesale dealers in essential commodity- kerosene are aggrieved by the impugned policy decision contained in the circulars of the State Government of Gujarat dated 30.7.1988, 4.10.1990, 3.4.1995, 6.1.1997, 29.8.1997, 22.1.1999, 5.2.2001 and 19.6.2001.

(3.) The appellants are holding wholesale dealers licences for essential commodity- kerosene in accordance with the provisions of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order,1981 which is issued in exercise of powers of the State of Gujarat delegated to it by the Central Government in accordance with section 5 read with section 3 of the Essential Commodities Act, 1955 (hereinafter, for convenience, referred to as `Licensing Order' and `the Act' respectively). The appellants who are wholesale dealers in kerosene are aggrieved by the policy decision of the State of Gujarat contained in its impugned circulars whereby it has abolished completely a class of wholesale dealers appointed directly by the Licensing Authority under the Licensing Order. Under the policy decision contained in the circulars, on expiry of existing licences of wholesale dealers directly appointed by the Licensing Authority, the wholesale dealers' licences in kerosene shall now be granted and continued only in favour of duly appointed agents of oil companies which are the producers or manufacturers of kerosene.