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2012 Supreme(All) 643

AMITAVA LALA, P.K.S.BAGHEL
Chhadmi Lal Subhash Chandra and Others – Appellant
Versus
State of U. P. and Others – Respondent


Advocates:
Ramendra Asthana, Y.S. Saxena, R.K. Ojha, B.N. Singh, Hari Om Tiwari, Sharique Ahmad and Sudhir Dbrit for the Petitioners., Ravi Shanker Prasad, Addl. C.S.C., P.K. Sinha and S.C. for die Respondents.

Hon'ble Amitava Lala, J.:-

All the aforesaid writ petitions are similarly placed and have been heard analogously being connected with each other, therefore, the same are being decided by this common judgement and order having binding effect in all the writ petitions.

The petitioners are petty dealers of high speed diesel oil and light diesel oil. According to them, by means of the impugned Government Order dated 01st February, 2005/ 04th February, 2005 the storage capacity of diesel oil has been reduced from 8000 litres to 2500 litres. The Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 (hereinafter in short called as the ''Order, 1981') is applicable in their respective cases. Admittedly, the earlier Government Order, by which the storage capacity of diesel oil was enhanced from 4000 litres to 8000 litres, has not been challenged, but when the storage capacity has been reduced from 8000 litres to 2500 litres, the same has been challenged. In any event, by virtue of the interim orders all the writ petitioners are enjoying the interim protection, whereby applicability of the respective Government order about reduction of



















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