9911796707
TMI Blog2009 (7) TMI 1235X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 conditions of the said licence, the Licensing Authority by reason of an order dated 22.6.2002 cancelled the said licence. Appellant preferred a writ petition thereagainst in the High court. By an interim o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot 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 way of political vengeance for which he had to move the High Court again and again is itself a pointer to the fact that the entire proceeding against him was mala fide having been initiated at the instance of the M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance 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 according to the Tank Calibration Chart measuring 83 centimeters, the amount of diesel oil stored therein was calculated at 7523.05 liters. 8. Appellant in his writ application had inter alia contended that he had not been give ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sputed 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 one. The Appellate Authority is entitled to go into the questions of both law and fact. The High Court, therefore, in our opinion, cannot be said to have committed any error in refusing to entertain the writ petition. It is, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
