JUDGMENT

V.N. Khare, J.-Leave granted in SLP (C) Nos. 472/2002, 473/2002, 13106/ 2001 and 2908/2002.

2. The short question which falls for our consideration in this group of appeals is whether the State Government or the Licensing Authority can issue direction for refusal of renewal of licences granted to petty dealers under the U.P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 hereinafter referred to as the ( Statutory Order ) if their places of business are within a radius of five kilometers of retail outlet run by a government oil company.

3. Since common question of fact and law is involved in this group of appeals, learned counsel for the parties have advanced arguments in Special Leave Petition (C) No. 472/2002. Therefore, we propose to notice the facts which have given rise to Civil Appeal No. 2339/2002 (arising out of SLP (C) No. 472/2002.

4. Earlier, the sale of Light Diesel Oil and High Speed Diesel Oil in the State of U.P. was governed by an Act known as U.P. Motor Spirit, Diesel Oil and Alcohol (Imposition of Tax) Act, 1939 enacted by provincial legislature of the then united provinces. Subsequently, the Parliament enac