JAGADAMBA RAO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN the instant application under Article 226 of the Constitution of India, the petitioner, inter alia, challenges a proceedings initiated pursuant to certain raid, search and seisure is the premises of Anand Restaurant at 19, Chitta Ranjan Avenue, Calcutta-72, in connection with using domestic cooking gas in the kitchen of the restaurant for commercial purpose, purportedly under the provisions of West Bengal Cooking Gas (Licensing and Control) Order, 1985, hereinafter referred to as the State Order. The petitioner has further asked for a declaration that the State Order is contrary to and inconsistent with the provisions of Liquified Petroleum ors (Regulation of Supply" and Distribution) Order, 1980, hereinafter referred to as the Central Order and that the state Order does not survive the onslaught of the subsequent central Order. The matter was contested by filing affidavits and making oral submissions.

(2.) THE short facts leading to the case are that Anand restaurant sells several South Indian snacks and food to its various customers and for the purpose of cooking, the said 'restaurant uses liquified petroleum gas, hereinafter referred to as the LPG, bottled in cylinders. The petitioner applied to the Senior Divisional Manager, LPG Distribution, indian Oil Corporation Limited on October 6, 1986 for supply of 125 LPG cylinders per month. The said Indian Oil Corporation Limited, hereinafter referred to as the i. O. C. , allotted 65 cylinders per month to the petitioner for consumption in the said. Anand Restaurant.

(3.) IT is the case of the petitioner that in case of emergency the petitioner used to bring extra LPG cylinders for cooking from his family members who were otherwise entitled to use Such LPG cylinders.