IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 404 of 2007 Balesh Kumar Agarwal S/o Late Shri Ram Babu Agarwal R/o Village Kasanpur Lekhraj P.O. Bijnor. …………..Petitioner. Versus (1) State of Uttarakhand Service through Secretary Food and Supply Government of Uttarakhand Dehradun. (2) District Magistrate District Udham Singh Nagar. (3) D.S.O. Kashipur. (4) Inspector of Kotwali Kashipur, District Udham Singh Nagar. (5) Indian Oil Corporation U.P. State Office A-1/5, Sector-A, Aliganj Lucknow. ………….Respondents. Sri Ashok Agarwal, Advocate for the petitioner. Sri K.P. Upadhyay, Additional Chief Standing Counsel for the respondents no. 1 to 4. Sri V.K. Kohli, Senior Advocate, assisted by Sri T.C. Pande, Advocate for the respondent no. 5. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. (2) By means of this writ petition, the petitioner has sought writ in the nature of mandamus directing the respondent no. 2 to release the gas cylinders taken in the custody (relating to Case Crime No. 1247 of 2007) to the petitioner or to the Indian Oil Corporation. A further mandamus has been sought directing the respondent no. 2 to release the Truck No. U.P. 20B 9090 seized in connection with the aforesaid crime. (3) Brief facts of the case are that petitioner is proprietor of Seohara Gas Service, District Bijnor and rendering his services to Indian Oil Corporation (respondent no. 5) by refilling gas cylinders from Kashipur to various Gas Agencies. It appears that some 287 filled cylinders were being transported by Truck No. U.P. 20B 9090, when said Truck was checked near village Missarwala, within the limits of Police, Station Kashipur, accused Mohd. Shajid, Alam and Mohd. Malik (none of them is petitioner) were found filling some nine empty gas cylinders from the aforesaid Truck. A Crime No. 1247 of 2007, relating to offence punishable under Sections 485, 487 I.P.C. and one punishable under Section 3/7 of Essential Commodities Act was registered against the accused. (4) By the impugned order dated 19.04.2007, the District Magistrate, Udham Singh Nagar, has directed that the empty and filled gas cylinders be sold by District Supply Officer, Udham Singh Nagar. Learned counsel for the petitioner and learned counsel for the respondent no. 5 argued that the District Magistrate, Udham Singh Nagar, has no power to direct the sale of L.P.G. cylinders as whosoever purchases such cylinders will be in possession of the same against the law, nor can anyone use the L.P.G. cylinders unless authorized or had a valid licence to use the same. It is further contended that L.P.G. cylinders are property of respondent no. 5 i.e. Indian Oil Corporation. Learned Additional Chief Standing Counsel failed to show any provision of law under which the District Magistrate has authority to get sold the L.P.G. cylinders belonging to Indian Oil Corporation. (5) Having heard learned counsel for the parties, the impugned order to the extent directing the District Supply Officer to sell the L.P.G. cylinders of Indian Oil Corporation, being illegal, is liable to be quashed. Accordingly, this writ petition is disposed of with the direction that the impugned order dated 19.04.2007, passed by District Magistrate, Udham Singh Nagar, in Case No. 52/01 of the year 2007 is quashed and the 287 filled L.P.G. cylinders shall be released in favour of respondent no. 5 i.e. Indian Oil Corporation. (Stay Order Vacation Application No. 1989 of 2007 and Urgency Application No. 3111 of 2008 also stand disposed of). (Prafulla C. Pant, J.) Dt. 29.12.2008 NS