PATNA THROUGH ITS SECRETARY Vs. BIHAR KEROSENE DEALER ASSOCIATION, AN ASSOCIATION OF WHOLESALE KEROSENE DEALERS OF BIHAR, REGISTERED UNDER THE SOCIETIES REGULATION ACT, THROUGH ITS

JUDGEMENT

(1.) In this intra-court appeal the assail is to the order dated 19.12.2008 passed by the learned Single Judge in CWJC No. 10699 of 2005 whereby he has quashed the order dated 12.8.2005, contained in Annexure-14 to the writ petition, whereby the State Government had withdrawn the leakage allowance that was granted earlier to the dealers at the rate of 0.23%.

(2.) Be it noted, the learned Single Judge after adverting to the facts and referring to earlier orders passed by this court, which were remitted for reconsideration, expressed the view as under:

(3.) We have produced the order passed by the learned Single Judge in extenso as we are of the considered opinion the earlier direction was to see the justifiability of the withdrawal and the fallout therefrom. As is evident from the order of the learned Single Judge, he has opined that the order impugned is vitiated due to non-application of mind and disclosure of the reasons in the light of the expert report to grant 0.23% as leakage allowance.