- (1.) The controversy raised in these petitions is identical and therefore, they are being disposed of by a common order. Writ petition No. 28679 of 1979 shall be treated as leading petition. The petitioners seek quashing of the government order dated 19.5.1990 (annexure-1 to the writ petition) in so far it directs the petitioners to make supplies of Kerosene from the Oil Depot to the business premises of the Distributors and they have made a further prayer that a writ of mandamus be issued restraining the respondents from enforcing Clause-4 of the aforesaid government order.
(2.) For making easy availability of the Kerosene in the rural areas under the public distribution system, the State Govt. issued a government order on 19.5.1990. This provides that in order to facilitate the job of lifting of Kerosene by the retailers a Block Distributor or Wholesaler shall be appointed in each block. This arrangment will be done under the U.P. Kerosene Control Order, 1962 (hereinafter referred to as the Control Order) except where a wholesaler of the oil companies is already functioning in a block. The government order lays down the order of preference for appointment of Block Distributors and first preference is to be given to the wholesalers/agents working in the district. An effort is to be made that the wholesalers/agents working in the district should work as Block Distributors so that there may not be any problem of co-ordination. Para-4 of the government order provides that F.O.R. delivery of Kerosene shall be made to the Block Distributors for which necessary instructions shall be given to the wholesaler by the District Magistrate. The government order is a detailed one and contains instructions regarding the procedure which is to be adopted for attaching the retailers to a Block Distributor, fixation of price of Kerosene and fixation of transport charges etc.
(3.) Shri M.K.Gupta, learned counsel for the petitioner has contended that the enforcement of the government order dated 19.5.1990 would result in violation of the Petroleum Act, 1934 and the Rules made thereunder and therfore, the government order deserves to be quashed or it should not be enforced against the petitioners.;