GOPAL AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is aggrieved by the order of the District Controller, Food & Supplies, Howrah dated August 18th, 2005 cancelling his previous order dated July 19th, 2005 directing the Sub Divisional Controller, Food & Supplies, Howrah Sadar to issue retail kerosene oil licence to the petitioner against the vacancy notified for Malipanchghara area of Howrah Sadar sub-division.

(2.) A vacancy was declared for appointing a dealer for the above-noted area. The dealer was to be appointed in terms of provisions of the West Bengal Kerosene Control Order, 1968. The vacancy was notified on November 10th, 2004. Along with others the petitioner and the eighth respondent (Pradip Kumar Modi) applied for the dealership. Since the selection process remained inconclusive, the petitioner moved this Court by filing Writ Petition No. 2254 of 2004. By order dated February 23rd, 2005 the eighth respondent was added as a respondent in that writ petition. By order dated June 15th, 2005 that writ petition was disposed of directing the district controller and the sub divisional controller to take necessary steps for granting the dealership within two months from the date of communication of that order. Those authorities were directed to grant the dealership after complying with the prescribed procedures.

(3.) Thereupon the district controller personally made enquiries about the suitability of the petitioner and the eighth respondent. The assistant director of the directorate of district distribution procurement and supply accompanied the district controller at the time of spot enquiry. After making necessary enquiries, the district controller by order dated July 19th, 2005 ordered: "Sri Gopal Agarwal is the most suitable applicant against the vacancy declared at Maiipanchghara area [vide notification No. Memo. No. 738(8)SC/FS.H(S) dated 10.11.2004 and Memo 809(8)/ SC/F & S/HDSF 7.12.04 of the S.C.(F&S) Howrah (Sadar)] and I also direct you to issue a retail K.Oil licence to Sri Gopal Agarwal against the vacancy notification in Maiipanchghara area of Howrah Sadar Sub-Division." By that order the district controller directed the sub divisional controller to issue the licence appointing the petitioner as the dealer.