Three writ petitions sought declaration of the Solvent, Raffinate & Slop Order, 2000 as illegal, arbitrary and violative of Article 14. The amended Control Order exempts small traders below certain thresholds from licensing. Petitioners' counsel did not press the petitions; orders dismissed.
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HON'BLE SRI JUSTICE GHULAM MOHAMMED AND
HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITIONS No : 14357, 15723 and 15936 of 2000
COMMON ORDER: (per Hon'ble Sri Justice Ghulam Mohammed)
Heard Sri Deepak Bhattacharjee, learned counsel for Respondents No. 1 and 2.
These three Writ Petitions can be dealt with together and decided as the relief sought for therein is identical.
These Writ Petitions have been filed seeking a mandamus declaring the Solvent, Raffinate & Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Order, 2000, dated 5th June 2000 as illegal, arbitrary, invalid and violative of Article 14 of the Constitution of India.
The petitioners are traders and manufacturers of paints, turpentine, varnishes, emulsions, oil pigments and other allied material connected with the paint industry. They have to purchase mineral turpentine and solvents from the oil companies owned and managed by the Union of India and other oil companies. Now the petitioners challenge the vires of the Control Order, dated 5th June 2000, whereby the Central Government insisted that every trader or manufacturer must necessarily obtain a licence and they should maintain the books of accounts which are amenable to the scrutiny of the 2nd respondent and every trader must file end-use certificates from the consumers to whom they sell the products and furnish the details of customer-wise sales to the District Magistrate or to the State Civil Supplies Authorities on a quarterly basis.
Respondents No.1 and 2 have filed their counter-affidavit in the matter. In paragraph 6 thereof, it has been stated as under:
“ However, after considering several representations and the practical difficulties in insisting to obtain license even by a small trader, the Central Government has chosen to amend the Control Order which is published in the Gazette of India dated 21.11.2001 and according to the said amended order, no license is required in respect of the persons who consume 50 thousand liters or less of solvents per month and also whose storage is 20 thousand liters or less of solvents combined. Thus the small traders who store the solvents for selling the same to retail consumers who will be using ½ liter, 1 liter etc., are now exempted from obtaining any license. Further, a small scale industry whose usage is below 50 thousand liters per month of solvents is also now exempted from obtaining any license. The endeavour of the Central Government is only to check the adulteration of Petrol and Diesel by the solvents which are cheaper in rate and to curb the diversion of such solvents for the said purpose of adulteration is now being checked by regulating the usage of the said solvents under the provisions of the Control Order. Any use of solvents in bulk has no reason as to why he will not account the said usage of solvents to the appropriate authorities, so as to show his bona fide use of the solvents for the purpose of preparing paints and other allied products manufactured by him and only in order to ensure the said bona fide usage, a license is required and he has to submit the end use certificate.”
In view of the above averments contained in the counteraffidavit, the learned counsel for the petitioners are not pressing the Writ Petitions and therefore, the same are dismissed. No costs.
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(GHULAM MOHAMMED,J)
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(NOOTY RAMAMOHANA RAO, J)
4th August 2009
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..... REGISTRAR // TRUE COPY // SECTION OFFICER To
1) 2 CD copies Form-NIC-OGS/WP{BMR}
3rd August 2009
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1 issue framed by the court
Whether the Solvent, Raffinate & Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Order, 2000 is illegal, arbitrary, invalid and violative of Article 14.
2 provisions across 2 enactments
petitioners
Respondents No. 1 and 2
Ghulam Mohammed
Nooty Ramamohana Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
