SURESH CHANDRA SINHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed on behalf of the petitioners challenging the power, authority and jurisdiction of the State-respondents to grant kerosene dealer licence to the respondent no. 6 without declaring any vacancy for the said dealership of kerosene oil in the area in question and following the prescribed procedure for filling up the said vacancy. The respondent no. 6 herein undisputedly had a kerosene dealer licence for Kharagpur area which lapsed on December 31, 1987. The said respondent no. 6 applied for renewal of his aforesaid lapsed licence on December 20, 2004, that is, after lapse of almost 17 years. Furthermore, the said application for renewal of the dealership licence was not submitted in prescribed statutory form 'C'.

(2.) In any event, fresh licence was issued to the respondent no. 6 by the Sub Divisional Controller, Pood and Supplies, Kharagpur on April 21, 2005. The Sub Divisional Controller while issuing the aforesaid licence to the respondent no. 6 specifically mentioned in the said licence that the same has been issued as per order of the ADM (G) /DM, Paschim Medinipur and District Controller (F & S), Paschim Medinipur. An affidavit has been affirmed on behalf of the State-respondents in the present proceeding wherein it has been specifically admitted that in case of lapsed licence, declaration of vacancy is to be notified. However, in a desperate attempt to justify the decision already taken by the concerned State- respondents regarding issuance of the kerosene dealership licence in favour of the respondent no. 6 it has been urged before this Court that the said licence was granted on compassionate ground.

(3.) The learned advocate of the State-respondents submits that the fresh dealership licence was granted to the respondent no. 6 against his lapsed licence and therefore, the question of observing the prescribed procedure for grant of fresh licence did not arise. It has also been submitted on behalf of the State-respondents that the competent authority of the State Government in its discretion, conferred under paragraph 7 of the Control Order, 1968 renewed the licence of the respondent no. 6 by issuing a fresh licence.