R.A. Sharma and R.K. Singh, JJ. - (1.) BEING aggrieved by the order dated 1st January, 1988 cancelling his petty diesel licence, the petitioner has filed this writ petition. He has also challenged the order dated 16th September, 1987 passed by the Government whereby grant of petty diesel licence within the radius of 5 Kms. from the retail outlet has been prohibited. The Division Bench of this Court in the case of Daulat Ram Gupta v. State of U.P. and others : 1995 (2) Excise and Food Adulteration Reports, page 169, has quashed the direction contained in the Government order dated 16th September, 1987 prohibiting the grant of petty diesel licence within the radius of 5 kms. from the retail outlet. The controversy involved in this writ petition is squarely covered by the decision of the aforesaid Division Bench of this Court.
(2.) THIS petition is accordingly allowed. The order dated 1st January, 1988 (Annexure -IV to the writ petition) is quashed. The respondents shall consider the petitioner's application afresh in accordance with law within a period of six weeks from the date of production of certified copy of this order.;