V.N. Khare, J. - (1.) THESE are the three sets of writ petitions filed under Article 226 of the Constitution. Since similar issues are involved, we propose to decide these petitions by a common judgment. The first set of writ petition ( No. 20086 of 1990) is by a retail dealer of kerosene oil who is engaged in the business of retail sale of kerosene oil in urban area (hereinafter referred to as the first set of writ petition). In this petition the petitioner holds licence for retail sale of kerosene oil under U.P. Kerosene Control Order 1962 which is renewed upto 1992. In pith and substance the prayer in this petition is for issuing direction to the respondents to release quota of kerosene oil for the month of August 1990 and for the subsequent months.
(2.) THE second set of writ petitions ( No. 24834/90, 32131/90, 32153/90, 33445/90, 32456/90, 1271/91, 1287/91, 1379/91, 1433/91, 1435/91, 1436/91, 1437/91, 1468/91, 1469/91, 1472/1991, 1559/91, 1561/91, 1597/91, 1598/91,.../91, Ram Chandra v. State of U.P. and....../91. Safdar Hussain & others v. Collector & another, is by various retail distributors who have been issued authorisation under Clause 3 of U.P. Scheduled Commodities (Regulation of Distribution Order) 1989 (hereinafter referred to as the Distribution Order of 1989) for distribution of scheduled commodities namely wheat, rice, sugar, edible oil and kerosene oil etc. through fair price shops situate in rural area (hereinafter referred to as second set of writ petitions). The prayer in these writ petitions is for renewal of their authorisation letter under the Distribution Order 1989 and renewal of licence issued under the Kerosene Control Order 1962, if not renewed. Common reliefs sought in these writ petitions are for release of quota of essential commodities in their favour. The third set of writ petitions ( No. 1273/91, and 1562/91 is by retail distributors in urban areas whose agreement to run the fair -price shops have been suspended or cancelled. In this set of writ petitions there is also writ Petition No. 1273/91 by an authorised agent whose licence for retail sale of kerosene oil through fair price shop has been suspended (hereinafter referred to as third set of writ petitions).
(3.) SINCE there were a number of Government Orders applicable to different areas, we directed the learned Standing Counsel to file a counter -affidavit in these cases bringing on record various control orders issued by the Government of U.P. in exercise of power conferred on it under Section 3 of the Essential Commodities Act and the Government Orders issued thereunder laying down the procedure for appointment of an agent to run fair price shop and terms and conditions of agreements entered into between the petitioners and the State Government. In compliance thereof the State Government has filed an affidavit in Writ Petition No. 1562 of 1991 annexing therewith all the relevant Control and Government Orders applicable to rural as well as the urban areas laying down the method and manner of appointment of an agent to run fair price shop and issuance of licence for retail sale of kerosene oil and terms and conditions of such appointments. In order to have a clear picture of the matter it is necessary to give details of various control orders and Government orders chronologically. By a notification published on 27.12.62 the State Government in exercise of its powers conferred on it under Section 3 of the Essential Commodities Act framed an order known as U.P. Kerosene Control Order 1962 (hereinafter referred to as the Kerosene Control Order of 1962). Under this Order any person who wanted to be engaged in the business of retail sale of kerosene oil either in urban or in rural areas was required to take licence in Form -IV. This licence was also required for retail sale of kerosene oil through fair price shops in rural area as well as the retail sale in urban areas. This licence was renewable from time to time. The policy of the State Government was that the distribution of kerosene oil in the rural area was to be made through fair price shops whereas in urban areas the kerosene oil was being distributed to public through retail dealers who had a licence in Form -IV. By a notification dated 10 -5 -90 the U.P. Kerosene Control Order 1962 was amended. The amendment which is relevant for the purpose of these cases is that a proviso was added to clause 7 of this Order. This proviso provided that a person who is appointed to run a fair price shop in accordance with the Order in force, no licence in Form -IV became necessary but during the subsistence of such appointments is deemed a licensee and bound by terms and conditions applicable to a licensee holding a licence in Form -IV of the Order. The result of this amendment is that for the purposes of retail sale of kerosene oil, a person who is running a fair price shop is not required to obtain a licence under U.P. Kerosene Control Order, 1962.;