MANOJ MISRA,J - (1.) These four writ petitions raise a common question, which is, as to whether the State Government / district administration has jurisdiction to periodically alter the quota of Super Kerosene Oil (hereinafter referred to as SKO) allocated to a distributor / dealer of an Oil Marketing Company, within that district, for distribution through the Public Distribution System (hereinafter referred to as the PDS). As these petitions raise a common question, with the consent of the learned counsel for the parties, were heard together and are being decided by a common judgment.
(2.) Each of the four writ petitioners in these connected petitions is a distributor of Kerosene Oil holding licence in Form IIIA under the U.P. Kerosene Control Order, 1962 (hereinafter referred to as 'Control Order, 1962') with storage licence under the Petroleum Act, 1934 and the Rules framed thereunder. The petitioners of Writ Petition Nos. 50302 of 2012, 54866 of 2012 and 5783 of 2012 are distributors of Bharat Petroleum Corporation Ltd. (an Oil Marketing Company) whereas the petitioner of Writ Petition No. 50675 of 2012 is a distributor of Indian Oil Corporation Ltd. (another Oil Marketing Company).
(3.) The petitioners of Writ Petition Nos. 50302 of 2012, 54866 of 2012 and 50675 of 2012 are distributors within the district of Ballia and are aggrieved by an order dated 03.09.2012 passed by the Deputy Secretary, Food and Civil Supplies, Anubhag-7, Govt. of UP, pursuant to the order of this Court dated 30.5.2012 in Writ Petition no.39542 of 2004, by which the company-wise /dealer-wise quota of SKO within the district of Ballia has been re-fixed on the basis of a report dated 28.06.2012 submitted by the District Magistrate, Ballia. Whereas the petitioner of Writ Petition No.5783 of 2013 is a distributor in the district of Azamgarh and is aggrieved by an order dated 17.1.2013 passed by the District Magistrate Ballia by which his quota for the month of January 2013 has been altered.;