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2002 Supreme(Guj) 851

J.N.PATEL
SHRIJEE TRADING COMPANY – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.D.OZA, DIPAK SANCHELA, J.S.Yadav, J.YADAV, KAMAL TRIVEDI, PRANAV V.SHAH, R.M.CHHAYA, S.KAVITA

JAYANT PATEL, J.

( 1 ) IN all these petitions, common question c arises for the consideration is regarding the legality and validity of the amendment made in the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981 ("control Order" or "order of 81" for short) and its effect.

( 2 ) THE short facts of the case are that the petitioners are the persons who are functioning as wholesale dealers in PDS kerosene, but they are not the authorised dealers of the manufacturing Oil Company. There is no dispute on the point that the PDS kerosene is one of the notified essential commodities. The supply of PDS kerosene ("kerosene" for short) is regulated in the Gujarat State by the aforesaid Control Order. It is the case of the State Govt that earlier, on account of policy decision taken by the State Govt to abolish the system of functioning by wholesale dealers who are not company agents, instructions were issued to the Licensing authority empowered to grant licence under the Control Order to the effect that if the person is not authorised agent of the Oil manufacturing company ("company agent" for short) the licence for dealership should not be renewed. There are vari

























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