ASHOK BHUSHAN, J. - (1.) THESE writ petitions raise common issues for consideration, which have been heard together and are being disposed of by this common judgment.
(2.) IN Writ Petition No. 11068 of 2008 there being extensive pleadings, the said writ petition is treated as leading writ petition, which is hereinafter referred to as the first writ petition. Brief facts necessary to be noted for deciding all these writ petitions are; the petitioner in first writ petition, namely, Gomti Biotech Limited, is a company registered under the Companies Act having its registered office at Tikonia Road, Haldwani, State of Uttaranchal. The company claims to be involved in the research and development of Bio-Diesel, which is an alternative fuel to be used in vehicles in place of petroleum products. The petitioner claims that Bio-Diesel is a product from waste vegetable oil and non-edible oils like Soyabeen, Sunflower, mustered oil, Jatropha Curcas and Neem etc. The petitioner claims to be manufacturing Bio-Diesel from its own research and development. The Gomti Biotech Limited has appointed its dealer in the State of Uttaranchal as well as in the State of Uttar Pradesh. The petitioner in Writ Petition No. 63299 of 2008 (hereinafter referred to as the second writ petition) claims to be appointed for the sale of entire range of products of Gomti Biotech at district Shahjahanpur and the petitioner, Sukhpal Singh claims to have established a pump for retail sale of bio-diesel at Tahsil Powayan, District Shahjahanpur. The petitioner of Writ Petition No. 64192 of 2008 (hereinafter referred to as the third writ petition), namely, Somvir also claims to have been appointed as a dealer by Gomti Biotech Limited and has established a pump at Tahsil Gauhana, District Aligarh for retail sale of the products of Gomti Biotech. The State authorities on 14th February, 2008 have sealed the bio-diesel pump, namely, Maa Vaisno Bio-Diesel Center, Jaitipur, Shahjahanpur and another Bio-Diesel pump of the Gomti Biotech Limited located at Pohalarpur, Puwayan, Shahjahanpur was also sealed on 15m February, 2008 by the officials of the Supply Department at the instructions of Sub Divisional Magistrate, Puwayan, Shahjahanpur. Several other bio-diesel pumps of the petitioner of first writ petition situated at Maqsoodapur and Bandaa were sealed on 15th February, 2008. The bio-diesel pump of the petitioner of second writ petition was stopped by the district authorities, hence a writ petition being Writ Petition No. 31726 of 2008 was filed. This Court disposed of the writ petition vide its judgment and order dated 5th August, 2008 directing the representation to be considered by the District Magistrate, Shahjahanpur. The District Magistrate, Shahjahanpur considered the representation and rejected the same. The District Magistrate in the order referred to the letter of the State Government dated 13th March, 2008 and held that the directions issued having not been complied with as the petitioners have not got their product approved by the Oil Company, they are not entitled for retail sale of bio-diesel. The order passed by the District Magistrate dated 22nd October, 2008 has been challenged in the second writ petition. In the third writ petition, it is stated that on 3rd December, 2008 inspection was made and the dispensing units were sealed. In the first writ petition, following reliefs have been claimed: "(i) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to break open the seal and permit the petitioner to continue with the sale of Bio-Diesel. (ii) issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner for distribution of Bio-Diesel from its filling stations."
(3.) PETITIONERS ' case in the writ petition is that no licence is required for manufacture and sale of bio-diesel. Bio-diesel not being a petroleum product, the provisions of the Petroleum Act, 1934 as well as the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance, Supply and Distribution) Order, 1981 are not applicable. It is submitted that bio-diesel is also not covered under the Explosive Act, 1884 and no permission under the Explosive Act, 1884 is required. The case of the petitioners further is that units have been sealed without giving any opportunity to the petitioners to show cause.;