U. C. Srivastava, J. - (1.) -
(2.) IN this bunch of writ petitions, the petitioners have challenged the vires of U. P. Coal Control Order, 1977 on the ground that the same is inconsistent and repugnant to the Central Government Notifications dated 12-6-1964, 17-6-64, 24-7-69, 30-7-74 and 12-9-84 in respect of the business of slack coal, steam coal, hard coke, soft coke ROM and all the derivatives of non-cooking coal which are free commodities and not items of essential commodities for the purpose of the said Essential Commodities Act. They have also prayed for quashing of the orders of various dates passed by the respective District Supply Officers cancelling their licences. They have also prayed for issue of mandamus commanding the opposite parties to sponsor coal to them every month in view of Government Order dated 30th April, 1984 and not to apply or enforce the U. P. Coal Control Orders, 1977 or to take any action under the said Order and require them to procure a licence for the said purposes under the provisions of the said U. P. Coal Control Order, 1977. When the writ petition came up for hearing the learned counsel for the State Government raised a preliminary objection that in view of alternative remedy available to the petitioners, these petitions would not lie and has also made reference to a Division Bench decision of this Court by which some writ petitions were dismissed at Allahabad on the ground of availability of alternative remedy. The learned counsel for the petitioners contended that in those cases vires of the Act was not challenged and the petition were dismissed as appeals lie against the order cancelling the licence In the instant cases apart from challenging the order of cancellation of licence or show cause notice issued prior to it, the vires of the U. P. Coal Control Order have been challenged. If the said order is ultra-vires, obviously the petitioner can approach State Government against cancellation order by way of appeal which can pass any order in the matter.
(3.) THE petitioners on their applications were granted licence in form B by the licencing authority under the Coal Control Order in respect of slack coal, steam coal, hard coke, soft coke, ROM and all the derivatives of non-cooking coal. A licence is to abide by the terms and conditions of licence and that of Coal Control Order failing which it is liable to be cancelled. THE licence has been cancelled on the ground that the petitioner was sponsored slack coal meant for road movement by the sponsoring authority under clause 2 (k) (a) of the Control Order and the list of the import of such slack coal and its distribution was not submitted to the licencing authority inspite of show cause notice As such there has been contravention of the provisions of the Control Order. To some of the petitioners only a notice has been given and they have come before this Court even before the cancellation order could be passed. The U. P. Coal Control Order, 1977 was issued under the Essential Commodities Act, 1955 as the coal is an Essential Commodity within the meaning of the said Act. The regulation of power of production, control, supply and distribution of essential commodities is vested in the Central Government. Section 3 of the Essential Commodities Act provides that if the Central Government is of the opinion that it is necessary or expedient so to do, for maintaining distribution and supply of any commodity, may by an order provide for regular supply and distribution in the matters specified under the said Act.;