LAWS(PAT)-2016-5-170

M/S SATYADEO TIWARI WHOLESALE DEALER KEROSENE OIL, KATYA P.S. Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, FOOD & CIVIL SUPPLY AND COMMERCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

Decided On May 26, 2016
M/S Satyadeo Tiwari Wholesale Dealer Kerosene Oil, Katya P.S. Appellant
V/S
The State Of Bihar Through The Principal Secretary, Food And Civil Supply And Commerce Department, Government Of Bihar, Patna Respondents

JUDGEMENT

(1.) CWJC No.3414 of 2016

(2.) The petitioners are aggrieved by Annexure-1, which is a letter contained in Memo No.957 dated 16.12.2015 written by the District Magistrate, Gopalganj to the State Government, by which the allotment of kerosene oil to the petitioners' firm has been stopped in view of the guidelines contained in the letter no.8346 dated 26.10.2015, as contained in Annexure-2, issued by the State Government addressed to all the District Magistrates.

(3.) The petitioners further seek quashing of the aforesaid letter dated 26.10.2015, as contained in Annexure-2, issued by the Secretary of Food and Consumer Protection Department, Govt. of Bihar clarifying that in case any request for continuing allotment of kerosene oil after death of one of the licencee and upon reconstitution of the firm by the oil company is made then the allotment should be stopped forthwith in view of Clause 9 of the statutory provision because, after death of the licencee, the trade licence cannot be granted to the reconstituted firm/agency.