ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition is directed to quash the order dated 2nd April, 1984 copy Annexure P/2 and directing the respondents to allow the petitioners to sell kerosene oil to the consumers in Baranala City.

(2.) The petitioner firms are the licensees under the Punjab Light Diesel Oil and Kerosene Dealers Licensing Order, 1978. All the petitioner firms have valid licenses till up to date. As per the licensees, they are entitled to sell or supply kerosene oil in retail in Barnala City. Copy of the retail sale licence issued to one of the petitioner firms under the Licensing Order, 1978, has been annexed as Annexure P/1. The petitioners continued to receive the supply of kerosene oil strictly under the terms of the licence without any complaint and sold the same to the consumers in Barnala city. Till November, 1985, they received the full quota meant for the licensees for sale to the consumers in Barnala city. However, the Director, Food and Supplies and Joint Secretary, Government of Punjab, vide memo dated 2nd April, 1984 copy Annexure P/2, directed all the District Food and Supplies Controllers in the State that the kerosene oil is to be distributed to the general public through the Government Fair Price Shops/Cooperative Societies. After the issuance of the said order, the respondent No. 4 District Food and Supplies Officer, stopped the supply of kerosene oil to the licensees and had diverted the entire supply through the Fair Price Shops/Cooperative Societies. The petitioners being thus aggrieved by the said order filed the present writ petition on the ground that the Director has no jurisdiction to pass the impugned order nor the District Food and Supplies Controllers to issue any instructions to stop their supply of kerosene oil. Moreover, the impugned order is also hit by Articles 14 and 19 of the Constitution of India, as the same had the effect of eliminating the petitioners from the business and trade of selling kerosene oil in retail. According to the petitioners, by passing the impugned order, virtually the licences granted under the Licensing Order, stand cancelled/suspended. Along with the writ petition, a copy of judgment of this Court in L.P.A. 300 of 1974, decided on 12th August, 1986, was also filed as Annexure P/3 in which similar question has arisen earlier.

(3.) In the return it has been pleaded that the respondent No. 2 has the power and jurisdiction to pass any order from time to time according to the policies of the Punjab Government and to supply essential commodities to the general public. It was denied that the order was hit by Articles 14 and 19 of the Constitution of India has arisen earlier.