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[SAW-372/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Spl. Appl. Writ No. 372/2020

Sardar Shahar Petroleum Dealers Welfare Sansthan, Through Its

Secretary Smt. Durga Rani Rathore D/o Shri Bhanwar Singh

Rathore, Aged About 43 Years, R/o M/s Kamal Service Centre,

Mega Highway Ratangarh, Churu, Rajasthan.

----Appellant

Versus

1.

The State Of Rajasthan, Through Additional Chief

Secretary, Rural Development And Panchayati Raj, Jaipur.

2.

Chief Executive Officer And Project Director, Bio Fuel

Authority, 3Rd Floor, D-Block, Yojna Bhawan, C Scheme,

Jaipur.

3.

District Collector, Churu.

4.

Sub Divisional Officer, Sardarshahar, District Churu.

5.

District Supply Officer, Churu.

6.

Tehsildar, Sardarshahar, District Churu.

7.

M/s Ranwa Filling Point, Situated At Village Hardesar,

Tehsil Sardarshahar, District Churu Through Proprietor

Prabhu Ram S/o Shri Krishan Kumar, Aged About 42

Years, Resident Of Village Patta, Tehsil And District Churu.

----Respondents

For Appellant(s)

:

Mr. Uttam Khan for

Mr. Ankur Mathur

For Respondent(s)

:

Mr. Vikas Bijarnia

HON'BLE MR. JUSTICE SANGEET LODHA

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

15/09/2021

This appeal seeking leave to appeal is filed by the appellant-

Sardar Shahar Petroleum Dealers Welfare Sansthan, Churu against

the order dated 24.07.2020 passed by learned Single Judge of this

Court in S.B. Civil Writ Petition No. 1998/2020 M/s Ranwa Filling

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[SAW-372/2020]

Point vs. State of Rajasthan and Ors. and other connected

petitions whereby the writ petitions preferred by the writ

petitioners engaged in selling of bio-diesel fuel after taking

necessary permission and in accordance with the notification

dated 09.06.2017 issued by the Ministry of Petroleum and Natural

Gas, Government of India exercising the powers under Section 3

of the Essential Commodities Act, 1955 has been disposed of with

the directions in the following terms :-

“Since there is no quarrel left between the parties,

as the petitioners are prepared to adhere to the

Rules of 2019 and respondents are prepared to

give reasonable time to the petitioner to shift to the

compliance of the Rules of 2019 while continuing

with the operation of the biofuel outlets, therefore,

the present petitions are disposed of directing the

petitioners to make all necessary arrangements for

compliance of the Rules of 2019 within a period of

four months from today. The respondents shall be

required to allow the petitioners to continue the

operation of biofuel outlet, if they are inconfirmity

to the notification issued by the Central

Government on 09.06.2017 for next four months. If

the petitioners are not able to adhere to the Rules

of 2019 after four months, then the respondents

shall be free to take necessary action against the

petitioners after giving proper opportunity of

hearing to them.”

Learned counsel appearing for the appellant submits that the

private respondent is operating in the sale of bio fuel without

following the provisions of Rajasthan Bio Fuel Rules, 2019 and

other relevant provisions.

It is pertinent to note that by way of order dated

24.07.2020, the learned Single Judge has permitted the writ

petitioners to continue the operation of bio fuel outlet, if they are

in conformity with the notification issued by the Central

Government on 09.06.2017. It is specifically observed that if the

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[SAW-372/2020]

writ petitioner fails to adhere to the Rules of 2019 after a period of

four months, then official respondents shall be free to take action

against the writ petitioner after giving proper opportunity of

hearing to them. Apparently, the period of four months has

already lapsed. Moreover, the petitioner herein claiming the right

into the matter has preferred special appeal only against one of

the writ petitioner before the