AJODHY PRASAD SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner No. 1, M/s. Ajodhya Prasad Shaw is a partnership firm carrying on business as Agents for the supply of Kerosene Oil in the District of Howrah. The Petitioner Nos. 2 and 3 are partners of the said firm.

(2.) They pray for quashing the Order dated 11.4.2002 (Page 123 of the Writ Petition and as communicated to them by letter dated 19.4.2002 - Annexure-P/10) whereby and whereunder, the special Secretary, Department of Food & Supplies-cum-Appellate Authority under the Essential Commodities Act, while dealing with the Appeal of the Petitioners filed under Section 10 of the West Bengal Kerosene Control Order 1968 (hereinafter referred to as the 1968 Control Order), held that the charges framed by the investigating team were correct and therefore the Order of cancellation of the Licence passed by the Assistant Director of consumer goods, was justified. The Petitioners have also prayed for quashing the said Order dated 29.1.2002 passed by the Assistant Director, Consumer Goods whereby and whereunder and in exercise of powers conferred upon him under para-9 of the said 1968 Control Order and subsequent amendments thereto, cancelled the Kerosene Oil Agents Licence No. AGT/ULU/1295 dated 13.5.1999 for violation of the provisions of Paras-9 and 12 of the said Control Order.

(3.) The Petitioners have stated that by reason of a Token issued by the Assistant Director of Consumer Goods, the Petitioners were authorized to carry on business as Agents for dealing in the sale of Kerosene Oil till 31st March, 2001. The validity of the Token was extended up to 31.12.2001 whereafter the Petitioners applied for renewal of the Licence.