- (1.) We have heard learned counsel appearing for the parties.
(2.) By this writ petition, the petitioners having valid licenses for 'barrel point' sale of diesel in the respective districts of the State of Rajasthan, for the period upto 2016 and 2017 (for two years from the date of issue or renewal), have challenged the order passed by the Additional Food Commissioner, Food & Civil Supplies Department, Government of Rajasthan dated 19.12.2014, as well as the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 (for short, "the Central Order of 2005") issued by the Ministry of Petroleum and Natural Gas on 19th December, 2005 under section 3 of the Essential Commodities Act, 1955 and the consequential actions, by which their licenses have been cancelled during the period of their validity. The petitioners have also prayed for declaration of clauses 2(d) and 3(4) of the Central Order of 2005, as unconstitutional and ultra vires and to declare that the Order of 2005 are not applicable to the State of Rajasthan where the Rajasthan Petroleum Products (Licensing & Control) Order, 1990 (for short, the State Control Order of 1990") is in force and is holding the field.
(3.) All the petitioners in these writ petitions have valid and, or renewed licenses under State Control Order, 1990, which authorizes them to sell diesel in retail, with maximum storage capacity of 4000 litres to be stored in drums. They can purchase the diesel from any of the authorized outlet of the Oil Companies. The licenses initially granted for a period of two years, have been renewed and are valid for periods upto the year 2016 or 2017. All the licenses were cancelled by the orders passed by the Licensing Authority in pursuance to the State Government order dated 19.12.2014, giving rise to the writ petitions.;