- (1.) Bharat Petroleum Corporation Limited, Bombay, is one of the selling agents of paraffin wax produced by the Assam Oil Company, Digboi, Assam. For this purpose the former appoints distributors/agents for different territories. In 1973 the petitioner-firm was appointed one such distributor/agent for the territories comprising the districts of Gurgaon, Rohtak, Sonepat and Mohindergarh. In March, 1975, the Director of Industries, Haryana, informed the petitioner that a licence to carry on the business of a dealer in paraffin wax was required under the Paraffin Wax (Supply, Distribution and Price Fixation) Order, 1972, (hereinafter the Order) and further advised it to apply for the same. The petitioner consequently applied for the grant of such a licence. The District Industries Officer, Faridabad, recommended the application of the petitioner. The State of Haryana decided to arrange distribution of paraffin wax henceforth entirely through Haryana State Small Industries and Export Corporation Limited (hereinafter the Corporation) and informed Bharat Petroleum accordingly. On August 18, 1978, a representative of the petitioner-firm went to the office of Delhi Division of Bharat Petroleum for the release of monthly quota. He was given a blank on account of the decision of the State Government communicated to them. The correspondence between the Bharat Petroleum and the State Government did not yield any favourable result for the petitioner and the latter consequently filed Civil Writ Petition No. 3570 of 1978 on August 23, 1978, challenging the decision of the Government regarding the distribution of paraffin wax exclusively through the Corporation. This petition was, however, withdrawn with permission to file a fresh petition on the same cause of action. The petitioner thereafter filed the present writ petition No. 4186 of 1978 on October 7, 1978.
(2.) The Joint Director of Industries, Haryana, vide his letter dated October 28, 1978 (p. 7) declined to grant licence to the petitioner to carry on the business of a dealer of paraffin wax on the ground that the State Government had decided, as a matter of policy, to entrust the work of distribution to the Corporation in the larger public interest as it has its depots all over the State to carry on the business of a dealer of paraffin wax and is already engaged in the work of distribution of other scarce raw material. The petitioner has challenged the order of the Joint Director of Industries declining to issue the licence to it as also the decision of the Government to effect distribution of paraffin wax through the Corporation being arbitrary, illegal and without jurisdiction.
(3.) The State of Haryana and the Director of Industries, in their joint written statement, have denied that the decision of the State Government to arrange for distribution of paraffin wax henceforth through the Corporation, is illegal, arbitrary, without jurisdiction or the order of the Joint Director (P. 7) dated October 28, 1978, declining the licence to the petitioner under the Order is non est and void. It has further been averred that the order of joint Director of Industries (p. 7) is appealable under clause 10 of the Order and in the situation an alternative remedy of appeal being available to the petitioner, the writ petition is liable to fail as provided under clause (3) of Article 226 of the Constitution.;