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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI, HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI, JJ
Bhuriya Baba Fuels – Appellant
Versus
Union of India, Through Secretary, Ministry of Consumer Affairs, Food And Public Distribution, Krishi Bhawan, New Delhi – Respondent
JUDGMENT :
Pushpendra Singh Bhati, J.
1. This special appeal has been preferred by the appellant-Firm (writ petitioner) against the order dated 05.02.2025 passed by the learned Single Judge of this Hon’ble Court in S.B. Civil Writ Petition No.1031/2025, whereby the writ petition by the appellant (writ petitioner) against the order dated 30.12.2024 passed by the Additional District Collector, Nagaur under Section 6A of the Essential Commodities Act, 1955 (hereinafter referred to as ’Act of 1955’), has been dismissed.
2. The bone of contention in the present case is that the appellant is a dealer of drop-in fuel, and despite the same not falling under any of the Essential Commodities notified under the Act of 1955, while passing the aforesaid order dated 30.12.2024, impugned in the writ petition, the said fuel has been assumed to be a petroleum product.
3. At the outset, learned counsel for the appellant has drawn the attention of this Court towards the impugned order dated 05.02.2025 passed by the learned Single Judge of this Hon’ble Court, which reads as under:
“4. This Court is not inclined to enter into such dispute. There is an appeal provision under the Act to the District Judge. Su
The classification of drop-in fuel as a petroleum product under the Essential Commodities Act requires further examination, and the existence of an alternative remedy does not bar the High Court from....
Drop-in fuel is classified as a petroleum product and an essential commodity under the law, thus subject to regulations outlined in the Control Order, 2005.
The main legal point established in the judgment is that the remedy available to assail the order was to file an appeal before the Supreme Court under Section 35L of the Central Excise Act, 1944.
Customs, Excise and Service Tax - Appeal.
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