The importance of a reasoned order and the need for a decision on the power to grant additional license under Rule 8(4) of the Delhi Kerosene Oil (Export and Price) Control Order, 1962.

( 1 ) THIS writ petition is filed against the order dated 28th September, 2001 passed by the Commissioner, Food and Supplies, Government of NCTof Delhi in Appeal No. 50/01 which was preferred by the petitioner. It is not the first time that the petitioner has approached this Court. Earlier the Commissioner, Food and supplies had passed order dated 23rd June, 2000 against which petitioner had preferred CWP No. 3782/2000. It may be mentioned at this stage that petitioner as well as the respondent No. 5 had filed appeals against rejection of their applications for grant of licence to run kerosene oil depot in the notified area. By impugned order dated 23rd June, 2000 both these appeals were dismissed. However, while dismissing the appeal of respondent No. 5, the Commissioner passed an order granting him additional licence. In the aforesaid CWP No. 3782/2000 apart from challenging order on the ground that the impugned order was a non-speaking order, another contention raised by the petitioner was that no such power lay with the Commissioner to grant additional licence.

( 2 ) THIS writ petition was disposed of vide order dated 27th August, 2001 wherein contention regarding power of the Commissioner to grant such additional licence was noted. However, this contention was not dealt with by this Court as this writ petition was allowed on the second ground, namely, impugned order dated 23rd June, 2000 passed by the Commissioner was non-speaking order and therefore matter was remitted back to the Commissioner for fresh adjudication with a reasoned order. The relevant observations in order dated 27th August, 2001 allowing the writ petition in the aforesaid terms are to be the following effect:

"at this stage it is not necessary to deal with the sustainability of this plea because I find that the impugned order dated 23rd June, 2000 does not record any reason whatsoever for dismissing the petitioner s appeal. Accordingly it is made clear that while setting aside the order in appeal at this stage I am not interfering with the grant of licence to M/ s. Pankaj KOD. Similarly the licence of Shiv KOD is also to continue purely as an interim measure so as to avoid inconvenience to consumers. The Commissioner is directed to dispose of the appeals in respect of M/s. Brij KOD (68/2000) and M/s. Shiv KOD (65/2000) on or before 30th September, 2001 with a reasoned order. The petitioner will be entitled to challenge any order passed by the Commissioner, Food and supplies, Delhi in accordance with law. "

( 3 ) AFTER the remand of the case to the Commissioner, Food and Supplies, the commissioner heard both the petitioner as well as respondent No. 5 and has passed impugned order dismissing the appeal of the petitioner. Perusal of the impugned order however shows two infirmities which are: (a) Contention of the petitioner in respect of power of the Commissioner to grant additional licence has neither been adverted to nor decided. (b) The second infirmity is more serious. As noted above, this Court in its order dated 27th September, 2001 had quashed the impugned order dated 23rd June, 2000 on the ground that no reasons whatsoever were recorded by the Commissioner while dismissing the petitioner s appeal. Inspite of this categorical finding which was not challenged by the respondents and in view thereof matter was remitted back to the appellate Authority, the Appellate Authority has attempted to justify earlier order by observing that full reasons were given in rejecting the appeal of the petitioner even by an earlier order and the observations to that effect are as under:

"10. As regards plea of both the appellants for allotment of an additional licence keeping in view the number of kerosene oil cards in the area, the then commissioner, Food and Supplies took note of the card position in the area which warranted opening of one more kerosene oil depot in the area. The then commissioner, Food and Supplies decided to allot this depot to M/s. Shi