R.A.Sharma, J. - (1.) PETITIONERS are holding licenses of retail dealer under the U. P.- Kerosene Control .Order, 1961 (hereinafter referred to as the Control, Order). These licenses are valid upto 31-12-1989. PETITIONERS were also having licenses under the High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981, and were carrying on the business of high speed diesel oil. However, licenses of high speed diesel oil were not renewed and inspite of the direction issued by this Court, the matter pertaining to renewal of licenses of high speed diesel oil is still said to be pending.
(2.) ON 12-4-1989 a first information report was lodged against the petitioners with the allegations of carrying on business of high speed diesel oil without valid licenses. Petitioners have challenged the first information report before this Court in a writ petition, which is still pending. It has been averred that the petitioners have been released on bail vide order dated 24-7-1989. The District Supply Officer, Etawah vide his order dated 29-4-1989 has suspended the retail dealers' licenses of Kerosene of the petitioners under the Control Order for indefinite period till the criminal case relating to high speed diesel oil is decided by the court. Petitioners have challenged the aforesaid suspension orders of licenses passed in the Control Order. With the consent of the learned counsel for the parties, we propose to dispose of the writ petition finally.
(3.) CLAUSE 11 of the Control Order, which deals with the suspension, cancellation and renewal of licence is quoted below :- "11. Forfeiture of security, suspension and cancellation of and refusal to renew licence-The Licensing Authority may, for reasons to be recorded in writing, forfeit the security either in whole or in part, suspend or cancel any licence or refuse to renew a licence if it is satisfied that the licensee has contravened any provisions of this order or the conditions of the licence or any direction issued where under : Provided that the licensee shall be given a reasonable opportunity of submitting his explanation before forfeiture of security either in whole or in part or before a licence is cancelled or its renewal refused or it is suspended otherwise than by way of suspension pending inquiry : Provided further that no order of suspension pending inquiry shall extend beyond a period of two weeks : Provided also that it 'hall not be necessary to give an opportunity in respect of an alleged contravention which has led to the conviction of the licensee." Under the aforesaid clause a licence can be suspended only in the following two circumstances : (i) Suspension for contravening any provisions of the Control Order or condition of the licence or any direction, issued thereunder, this is a final order which is to be passed only after giving to the licensee a reasonable opportunity of being heard. In case, for any contravention, the licensee has been convicted, then his licence can be suspended or cancelled without giving any opportunity of being heard in respect of the alleged contravention (ii) Interim suspension pending inquiry-this interim suspension can be passed only when inquiry against the licensee for contravening of the provisions of the Control Order, condition of the licence or the direction, has been initiated and is pending However, the interim suspension, pending inquiry, cannot extend beyond a period of two weeks,;