TMI Blog2009 (7) TMI 1235X X X X Extracts X X X X X X X X Extracts X X X X ..... etition No. 5255 of 2008 whereby and whereunder the writ petition filed by the appellant questioning the validity of a judgment and order dated 9.1.2008 has been dismissed. 3. Appellant was a dealer in High Speed Diesel Oil and Light Diesel Oil. Business in the said commodity is governed by the U.P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 (for short, 1981 Order ). The said 1981 Order has been framed in terms of Section 3 of the Essential Commodities Act, 1955. Appellant was granted a licence for dealing in the said commodities in terms of the said 1981 Order on or about 1.4.1990, which was renewed till 31.3.2010. Indisputably, on the premise that he had violated the terms and con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Questioning the said order, appellant filed a writ petition inter alia on the premise that the allegations contained in the show cause notice were different from those made in the FIR insofar as the notice did not specify that any sale through unauthorized persons had taken place. By reason of the impugned judgment, the said writ petition has been dismissed by the High Court opining that the appellant has an alternative remedy. 4. Mr. Rakesh Dwivedi, learned Senior Counsel appearing on behalf of the appellant would contend that the High Court committed a manifest error in passing the impugned judgment insofar as it failed to take into consideration that the very fact that the appellant's establishment had repeatedly been raided by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the of the 1981 Order obligates the licensee to display a stock of price board at his business premises showing opening balance of High Speed Diesel Oil or Light Diesel Oil and the rate per liter as also the closing balance recorded at the end of the day. Clause 14 of the conditions of the licence mandates a licensee to maintain a stock register. The contention of the appellant is that he did not hold any stock of High Speed Diesel Oil in excess, as he had received 3000 liters of diesel at about 12:00 p.m. on 8.11.2007, that is, before the raid was conducted. From a perusal of the show cause notice, however, it appears that the allegations against him was that he had stored 8300.47 liters of diesel in the underground tank, whereas accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the disputed questions of fact are not determined in a writ petition. We would, however, hasten to add that the same would not mean that the High Court cannot exercise its discretionary writ jurisdiction for determination of disputed questions of fact or only because some dispute had been raised in the writ proceedings itself the same would deter the High Court from exercising its jurisdiction. The appellant has raised pure questions of fact for determination in the writ proceedings in respect whereof the Licensing Authority itself was required to go into the materials brought on record by both the parties. It is neither denied nor disputed that the order passed by the Licensing Authority cancelling the licence of a dealer is an appellable ..... X X X X Extracts X X X X X X X X Extracts X X X X
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