MUKUL KUMAR HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. BC Das, learned counsel appearing for the petitioner. Also heard Mr. HN Sarma, learned senior counsel assisted by Mr. R. Sarma, learned counsel for the newly impleaded respondent No.4 and Mr. MK Choudhury, learned Standing Counsel appearing for the respondent No.3.

(2.) The legality and correctness of the impugned order dated 27.9.2001 passed by the learned Sub Divisional Magistrate, Kamrup is the subject matter of adjudication in this writ proceeding.

(3.) The facts, in a nutshell, as has been emerged from the rival pleadings of the parties, are that the respondent No.4, the sole proprietor of M/s Kamrup Gas Service was appointed as Distributor of LPG by respondent No.3 and the petitioner in order to make investment in the said business of distributorship of LPG run by the respondent No.4 entered into an agreement on 4.11.95 with the respondent No.4. Though dealership was granted in the name of the respondent No.4, the petitioner having applied for, was also given the licence as required under the Assam Trade Articles (Licensing and Control) Order, 1982 (for short the Order) in the name of M/s Kamrup Gas Service with effect from 2.4.97 renewed upto 31.12.02 for carrying out the business. While the said business had been operated by the petitioner as well as the respondent No.4 under the private understanding between them in terms of the agreement dated 4.11.95, the administrative authority i.e. the Sub Divisional Magistrate, Kamrup issued the impugned order (Annexure 5 to the writ petition) by which M/s Kamrup Gas Agency (ought to have been named as M/s Kamrup Gas Service) was directed not to proceed with any business of LPG till the completion of the enquiry which was being conducted by the District Administration, Kamrup to look into the complaint of serious nature with a further direction to the Indian Oil Corporation (MD) to make alternative arrangement to the consumer. The impugned order is extracted as under : "M/s Kamrup Gas Agency dated 27.9.01 The Distributor, IOC (MD) Ulubari, Guwahati. Sub : Regarding complain lodge by M/s Star Moral holder of LOI. I am to inform you that a complaint of serious nature has been lodged against you by the LOI Holder. And an enquiry is being conducted by the District Administration, Kamrup. You are therefore directed not to proceed any business of LPG as per declaration obtained from you till completion of the enquiry. Further, Indian Oil Corporation (MD) Bamunimaidam, Guwahati is being intimated to make alternative arrangement for the consumers. Sd/- Illegible SDM, Kamrup."