Ram Swaroop Vs. State of U.P. and Another

Ram Swaroop vs State of U.P. and Another

Type Court Judgment Court Allahabad Decided Dec 09, 1998

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Citation: sooperkanoon.com/486102
Court: Allahabad High Court
Judge: Binod Kumar Roy and ;Ram Kishore Singh, JJ.
Decided On: Dec 09, 1998
Case Number: C.M.W.P. No. 32113 of 1990
Subject: Commercial

Case Summary

AI-generated summary - not the official court judgment text.

Commercial - right to equality - Article 14 of Constitution of India - terms for sale of high speed diesel oil - controlling black market of diesel oil - reasonable. - - Malnpurl for the purpose of obtaining high speed dlesel oil and that too with clogs that he will obtain the dlesel in a barrel or drum and sell...

Key legal issue: Commercial
Acts & sections: Constitution of India - Article 14; E.C. Act - Sections 3 (7)

Parties & Advocates

Appellant / Petitioner

Ram Swaroop

Advocate Smt. Poonam Srivastava, Adv.

Respondent

State of U.P. and Another

Advocate S.C.

Legal References

Acts: Constitution of India - Article 14; E.C. Act - Sections 3 (7)
Reported In: 1998(4)AWC645

Excerpt

commercial - right to equality - article 14 of constitution of india - terms for sale of high speed diesel oil - controlling black market of diesel oil - reasonable. - - malnpurl for the purpose of obtaining high speed dlesel oil and that too with clogs that he will obtain the dlesel in a barrel or drum and sell it only at the rate fixed by the district magistrate :that at one time more than 4,000 litres will not be supplied to him :that he will keep stock register and cash memos containing full name and address of the consumers ;that he will not mix diesel with kerosene oil and if he is found mixing, then action departmentally as well as under section 3(7) of the e. 4. we fail to appreciate as to how the order impugned thus remain unreasonable.binod kumar roy and ram kishore slngh, jj.1. the petitioner, who is a petty dealer in high speed dlcsel oil, has come up with a prayer to command the respondents not to give effect to the instruction issued by the district supply officer, mainpuri as contained in letter no. 511 dated 22.8.1988 as contained in annexure 11.2. sri awanlsh misra, learned counsel holding brief of smt. poonam srivastava. contended that the instruction issued is unreasonable in tagging/attaching the petitioner with m/s sachedeva automobiles diesel pump. malnpurl for the purpose of obtaining high speed dlesel oil and that too with clogs that he will obtain the dlesel in a barrel or drum and sell it only at the rate fixed by the district magistrate : that at one time more than 4,000 litres will not be supplied to him : that he will keep stock register and cash memos containing full name and address of the consumers ; that he will not mix diesel with kerosene oil and if he is found mixing, then action departmentally as well as under section 3(7) of the e. c. act will be taken against him which are all unreasonable.3. a copy of office order no. 1222/district supply diesel/190/ 27.10.1990 issued from the office of the district supply officer. mainpuri has been appended as annexure 3 which shows that on prayer of the petitioner,he was attached with m/s. prakash traders in place of m/s. sachdeva automobiles diesel pump, mainpuri and directed to obtain dlesel from m/s. prakash trader. ghirot.4. we fail to appreciate as to how the order impugned thus remain unreasonable. it appears to us that terms have been imposed to control black market of the diesel oil and cannot be termed unreasonable at all.5. we. accordingly, do not see any merit in this writ petition. it is, accordingly, dismissed.

Full Judgment

Binod Kumar Roy and Ram Kishore Slngh, JJ.

1. The petitioner, who is a petty dealer in high speed dlcsel oil, has come up with a prayer to command the respondents not to give effect to the Instruction Issued by the District Supply Officer, Mainpuri as contained in Letter No. 511 dated 22.8.1988 as contained in Annexure 11.

2. Sri Awanlsh Misra, learned counsel holding brief of Smt. Poonam Srivastava. contended that the instruction issued is unreasonable in tagging/attaching the petitioner with M/s Sachedeva Automobiles Diesel Pump. Malnpurl for the purpose of obtaining high speed dlesel oil and that too with clogs that he will obtain the dlesel in a barrel or drum and sell it only at the rate fixed by the District Magistrate : that at one time more than 4,000 litres will not be supplied to him : that he will keep stock register and cash memos containing full name and address of the consumers ; that he will not mix diesel with kerosene oil and if he is found mixing, then action departmentally as well as under Section 3(7) of the E. C. Act will be taken against him which are all unreasonable.

3. A copy of office order No. 1222/District Supply Diesel/190/ 27.10.1990 Issued from the office of the District Supply Officer. Mainpuri has been appended as Annexure 3 which shows that on prayer of the petitioner,he was attached with M/s. Prakash Traders in place of M/s. Sachdeva Automobiles diesel Pump, Mainpuri and directed to obtain dlesel from M/s. Prakash Trader. Ghirot.

4. We fail to appreciate as to how the order impugned thus remain unreasonable. It appears to us that terms have been imposed to control black market of the diesel oil and cannot be termed unreasonable at all.

5. We. accordingly, do not see any merit in this writ petition. It is, accordingly, dismissed.

Same Court & Year Allahabad · 1998 Same Parties Ram Swaroop vs State of U.P. and Another Same Subject Commercial Same Judge Binod Kumar Roy and ;Ram Kishore Singh, JJ. Acts & Sections Constitution of India - Article 14; E.C. Act - Sections 3 (7)

Commercial