JHARNA SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This mandamus appeal is at the instance of the unsuccessful writ petitioners and is directed against the order dated November 25, 2005, passed by a learned Single Judge by which His Lordship dismissed a writ application filed by the present appellants.

(2.) The facts giving rise to filing of the said writ application may be summarized thus:

(3.) The writ application was contested by the Indian Oil Corporation by filing aiffdavit-in-opposition thereby denying the allegations made in the writ application. According to the Indian Oil Corporation, it is not bound by any direction given by the State-respondent as regards allocation of Kerosene oil to its agent. The Indian Oil Corporation contended that the Control Order could not guide the contract between itself and its agents. In other words, according to the Indian Oil Corporation, it has the absolute authority to decide the amount of such allotment to its various agents. The Indian Oil Corporation, therefore, prayed for dismissal of the writ application.