KARMA CHAND SARAF Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2006-5-1
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 16,2006

KARAM CHAND SARAF AND SONS Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) Petitioners, ten in number, are the agents of various Oil Companies and carrying on the business of purchase and sale of kerosene oil prior to the year 1972. All the petitioners have entered into a formal agreement with their respective oil companies in this regard. With a view of effective regulation of the kerosene oil and uniformity in price, the Government of India has issued Kerosene (Fixation of Selling Prices) Order 1970 (hereinafter referred to as Order). Clause 3 of the aforesaid order deals with the fixation of maximum selling price of kerosene.
(2.) The grievance of the petitioners is that in terms of clause 3 of the Order, the respondents have not fixed the maximum selling price of kerosene including the extraordinary expenditure which the dealers may have to incur under conditions and also the road transport charges taking into consideration any increase or decrease in transportation charges payable for the transportation of goods by the shortest routes.
(3.) Petitioners in the present writ petition have made the following substantive prayer : "It is respectfully prayed that by an appropriate writ, direction or order in the nature of mandamus commanding respondents NoS. 1 to 3 to fix the selling price of kerosene oil in terms of Clause 3 of the Kerosene (Fixation of Ceiling Prices) Order 1970 and allow the petitioners the extraordinary expenditure incurred by the petitioners in terms of sub clause (c) (ii) of Clause 3 of the said order ; With a further writ, direction or order in the nature of mandamus directing respondents Nos.1 to 3 to fix the transportation charges in terms of sub clause (d) (ii) of Clause 3 of the said order and to include the charges so fixed while fixing the selling price under the order mentioned above; with a further writ, direction or order in the nature of mandamus directing the respondents to fix selling price with effect from 1972 and give to the petitioners the benefit of the hike in transportation charges and the extraordinary expenditure from time to time for the payment whereof proper claims have already been made by the petitioners........";


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