AIR 1993 RAJASTHAN 138 ::(1993) 2 WLC(RAJ) 111 ::1993 (1) RajLW 9

Rajasthan High Court

Hon'ble Judge(s): Rajendra Saxena , J

(A) Constitution of India , Art.226— Alternative remedy - Order of suspension of licence for dealership of petroleum products - Order passed by Collector - Subsequent cancellation of licence by District Supply Officer - Order of suspension became infructuous - Writ petition challenging order of suspesion cannot be dismissed on ground of alternative remedy of appeal or revision under Rajasthan Licencing Order. Essential Commodities Act (10 of 1955) , S.3— Rajasthan Petroleum Products (Licensing and Control) Order (1990) , Cl.20, Cl.21— Dealership - Petroleum products - Cancellation of licence - Writ petition against -Maintainability. Where an order of suspension of licence for retail outlet dealership of petroleum products was passed by the Collector, an appeal could be filed before the Commissioner as provided by Cl. 20 of Rajasthan Licensing Order, but the licence was subsequently cancelled by order by District Supply Officer the order suspending licence became infructuous and an appeal could not be filed before Commis-sioner or a revision also could not be filed before Commissioner who was an IAS Officer as there were specific allegations in the petition that one of the respondents who was an IAS Officer had influenced the Collector and other officers and that the orders were passed mala fide and were without jurisdic-tion. Consequently, the....