- (1.) By this writ petition, the petitioner has prayed for the following reliefs : "(i) issue a writ, order or direction in the nature of certiorari quashing impugned order dated 16.5.2013 (Annexure- No.5 to the writ petition ) passed by District Supply Officer, Basti; (ii) issue a writ, order or direction in the nature of mandamus commanding the respondent to renew the licence of petitioner for Petty Diesel Oil for the year 2013-2023 ; (iii) issue a writ, order or direction in which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case ; (iv) award cost of the writ petition to the petitioner." FACTS OF THE CASE
(2.) Briefly stated the facts giving rise to the present writ petition are that the petitioner was granted petty dealer license No.348 in the year 1989 for retail sale of High Speed/Light Diesel Oil in village Majhauwa Khajoori, Block Saltauwa Gopalpur, Tahsil Bhanpur, district Basti. It is stated that the license of the shop of the petitioner expired on 31.3.2013 and due to illness the petitioner could not move any application for renewal of licence prior to the expiry of the period of licence i.e. 31.3.2013. In support of illness, a medical certificate of Superintendent-in-Chief, District Hospital, Basti dated 3.4.2013 has been filed as Annexure No.2 in which it is written that he was under treatment from 25.3.2013 to 2.4.2013 and now after examination he has been found fit. After recovering from the ailment, the petitioner approached the District Supply Officer, Basti for renewal of licence, but he has not paid any heed to the oral request of the petitioner and as such the petitioner moved an application dated 11.4.2013 before him requesting to grant permission after deposit the late fees for renewal of licence, but the respondent no.3 did not permit the petitioner to deposit the renewal fees and as such the petitioner deposited requisite fees along with late fees amounting to Rs.3100/- through Challan dated 21.5.2013. However, in the meantime, the respondent no.3 cancelled the licence of the petitioner by the impugned order dated 16.5.2013 on the ground that the period of licence has expired and as per U.P. Government Order dated 2.2.2007 no new licence shall be issued if renewal has not been obtained before the expiry of licence and thus the licence of the petitioner stood automatically cancelled and is accordingly cancelled. The petitioner has challenged in this writ petition the aforesaid order dated 16.5.2013 on the ground that it is arbitrary, illegal, violative of the principles of natural justice and breaches the provisions of Clauses- (4) and (8) of the U.P. High Speed Diesel Oil and Light Diesel Oil ( Maintenance of Supply and Distribution ) Order 1981.
(3.) We have heard learned counsel for the parties, perused the record and given our thoughtful consideration to the submissions of both sides.;