- (1.) The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 30th July, 2010 (Annexure - 7 to the writ petition) passed by the respondent No. 2 whereby the licence of the petitioner in respect of Light Diesel Oil issued under the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 has been cancelled.
(2.) We have heard Sri Rakesh Kumar, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents No. 1 and 2 and perused the record.
(3.) As noted above, the writ petition is directed against the order dated 30th July, 2010 whereby the licence issued to the petitioner in respect of Light Diesel Oil under the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 has been cancelled. Paragraph 9 of the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 provides as follows: "Appeal. - (1) Any person, aggrieved by an order of the Licensing Authority refusing to grant or renew a licence, cancelling or suspending a licence or forfeiting the security deposited by the dealer under the provisions of this Order may, within a period of 30 days from the date of receipt of order by him, appeal to the Divisional Commissioner concerned: Provided that the Divisional Commissioner may entertain an appeal after the expiry of the said period of thirty days but within a period of sixty days of the receipt of the order by such person if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) No such appeal shall be disposed of unless the aggrieved person has been given a reasonable opportunity of stating his case. (3) Pending the disposal of the appeal, the Divisional Commissioner may stay the operation of the order appealed against. (4) Subject to decision in the appeal, the order of the Licensing Authority or the Collector, as the case may be, shall be final. " ;