Amitava Lala, J. - (1.) The writ petitioners made this petition for the purpose of quashing of the Government order dated 4.1.2001 so far as it relates to condition No. 1, order dated 6.9.2000 and order dated 13.5.2000. They have further prayed that respondents and their subordinates be directed not to interfere with the right of the petitioners to transport High Speed Diesel Oil from retail outlet to their business premises by utilizing services of the oil tankers as per Form IX prescribed under the Petroleum Rules, 1976. Conditions under Form IX are as follows : (i) Transportation of High Speed Diesel Oil through a tanker holding a licence in Form IX under the Petroleum Rules, is very safe as these licences are issued only after, certificates are issued by the Agni Shaman Adhikari (i.e., Fire Prevention Officer). (ii) Transportation price is lesser in case of transportation by these tankers as compared to that of tractor trolleys. (in) Contents of the tankers are insured where as in case of tractor trolleys every time this is not so. (iv) That there is calibration of Oil contents in a tanker which is not so in case of diesel oil being transported by any other mode. (v) That a fire extinguisher of a prescribed specification is always there (as per condition No. 1 of the licence) in case of transport by a tanker. (vi) That every safety measures are there on the tankers in terms of conditions No. 4(b), 4(c) and other conditions also.
(2.) In May, 2000 a petty dealer was victim of serious out break of fire, as a result whereof State Government placed certain restrictions to the petty dealers. Such conditions are available in Annexure-8 to the writ petition. No such condition as regard transportation of High Speed Diesel by : the oil tanker was made. Several writ petitions were made by various writ petitioners but the purpose of making such writ petitions are not germane for due consideration. However, Government has passed an order dated 4.1.2001 restricting the petitioners and other licensee like them from utilizing services of oil tanker for transportation of High Speed Diesel Oil from retail outlet to their business premises. According to the petitioners, such restrictions are clear interference with the right of the petitioners guaranteed under Article 19(1)(g) read with Article 14 of the Constitution of India.
(3.) In 1981, the U. P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 came into force in exercise of the powers under Section 3 of the Essential Commodities Act, 1955 read with Governmental order dated 30th November, 1974. In the said order 1981 different meanings are given defining the meaning 'd' "dealer", T "retailer" and 'n' "wholesaler" "dealer" means a person engaged in the business of purchase, sale or storage for sale of High Speed Diesel Oil or Light Diesel Oil or but does not include an Oil Company; "retailer" means a dealer who is not a wholesaler; "wholesaler" means in the case of Light Diesel Oil means a dealer who deals in light diesel oil exceeding 100 litres in a single transaction and in the case of High Speed Diesel Oil a dealer who sells High Speed Diesel Oil by means of dispensing pumps. Apart from such three categories the other category is "oil company". Oil Company means the company below : (1) Indian Oil Corporation Ltd. (2) Hindustan Petroleum Corporation Ltd. (3) Bharat Petroleum Corporation Ltd. (4) The Indo-Burmah Petroleum Company Ltd. The petitioners are High Speed Diesel Oil dealers. A person has to apply for grant of licence as petty diesel dealer under Form VI of such order, Clause 16 provides regulation of sale and supply of High Speed Diesel Oil and Light Diesel Oil. Sub-clause (6) says that every dealer shall comply with the general or special directions not inconsistent with the order given by the State Government, the Commissioner, Food and Civil Supplies or the Collector. Any contravention of such directions shall be deemed to be a contravention of the order. Under Rule 2 Clause (xix) "petroleum in bulk" means petroleum contained in a tank irrespective of the quantity of petroleum contained therein. First schedule of the Rule and Form XI thereon says that petroleum of class 'A' or petroleum of class 'B' in bulk of petrol will be transported mechanically propelled vehicles. As per Rule 2 of the First Schedule the licensed, vehicle is not found confirming with the specification given in the Third Schedule or for the contravention of any of the rules and condition under which this licence is granted and holder of the licence will be punished. In the Third Schedule design and construction of Tank Vehicles for transporting petroleum in bulk is given. In U. P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 also taken care of in the Clause 2 (h) the meaning of "licensee". Licensee means a dealer holding a licence granted under the provisions of this order and includes his representative or agent; and a transporter of truck or tank, lorry owner engaged by the dealer or an Oil Company on his behalf for transporting High Speed Diesel Oil or Light Diesel Oil from storage or selling point of an Oil Company to his place of business. As per clause XVII there is a storage limited for consumers of High Speed Diesel Oil or Light Speed Diesel Oil.;