ROY AND COMPANY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Petitioners pray for an Order declaring Clause 1.5 of the Revised Policy Guidelines of the Indian Oil Corporation Ltd. dated 01.12.2008, to be null and void as, according to them, it is contrary to the provisions of the Indian Partnership Act, 1932. THE Petitioners also pray for the issuance of a Writ of mandamus, commanding upon the Respondents/State Respondents to either renew the license or extend the validity of the Token under the West Bengal Kerosene Control Order, 1968. THEy have further prayed for the issuance of Writ of mandamus, commanding upon M/s. Indian Oil Corporation Limited to allow the reconstitution of the Petitioner No. 1 Firm in terms of the Partnership Deed dated 24.07.2009. Other consequential prayers have been made including of prayer that the Respondents should allow the Petitioners to continue with their Kerosene Dealership Agency, reconstruction of the Firm and an interim Order be passed restraining the State Respondents from refusing to extend the validity of the Token since issued in lieu of the Petitioners license under the West Bengal Kerosene Control Order, 1968 till renewal.

(2.) THE facts of this case, as pleaded, are that the Petitioner No.1 (M/s. Roy and Company) is a partnership Firm which carries on business of Kerosene and the Petitioner Nos. 2 and 3 (Binoy Kumar Roy and his wife Nisha Roy) are Partners of the said Firm. It is stated that initially Smt. Siya Roy, was carrying on business under a Dealership Agreement with M/s. Indian Oil Corporation Limited (hereinafter referred to the IOC) as proprietress of the said Dealership and had obtained necessary permissions including the Kerosene Agents License under the West Bengal Kerosene Control Order, 1968 (hereinafter referred to as 1968 Order).

(3.) IT is the further case of the Petitioners that upon reconstitution of the Petitioner No. 1 Firm with the prior approval of the IOC, the Licencing authority issued fresh licence being AGT/Ramp/22 dated 14.9.2009 in the name of the Firm and recorded the names of all the three Partners making it valid till 31.12.2009. The said licence is Annexure-P/4.