JAGDISH NATH AND COMPANY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 11.7.2007 passed in W.P.(C) No. 3720 of 2002. The order reads as under: Petitioner's grievance is that due to wrong fixation of commission on kerosene oil in the District of Simdega, for the months of March, April and May, 2002, petitioner suffered loss to the tune of Rs. 30,000/ - Paragraph 15 of the counter -affidavit filed on behalf of the Deputy Commissioner and the District Supply Officer reads as follows :15. That it is stated that the retail price of Kerosene Oil was fixed by respondent No. 2 on 13.3.2002 in ignorance of letters as contained in Annexure -C series as they were not available in newly created district of Simdega.

(2.) MR . Modi fairly submitted that though there was a mistake in fixing the commission but the same was bona fide and the same was corrected from the month of June, 2002. He further submitted that due to such mistake petitioner's commission got reduced. In other words, he earned less profit during the said period but he did not suffer loss.

(3.) LEARNED Counsel for the appellant submitted that the specific prayer made in the writ petition was for refund of Rs. 30,000/ - from the respondent -Oil Company but no direction has been issued.