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2005 Supreme(Cal) 571

PRANAB KUMAR CHATTOPADHYAY
SURESH CHANDRA SINHA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ASIS SANYAL, NIBEDITA PAL, RAM AGARWAL, SAKTI NATH MUKHERJI, SHYAMAL SARKAR, TULSI DAS MAITI

PRANAB KUMAR CHATTOPADHYAY, J.

( 1 ) THIS writ petition has been filed on behalf of the petitioners challenging the power, authority and jurisdiction of the State-respondents to grant kerosene dealer licence to the respondent no. 6 without declaring any vacancy for the said dealership of kerosene oil in the area in question and following the prescribed procedure for filling up the said vacancy. The respondent no. 6 herein undisputedly had a kerosene dealer licence for Kharagpur area which lapsed on December 31, 1987. The said respondent no. 6 applied for renewal of his aforesaid lapsed licence on December 20, 2004, that is, after lapse of almost 17 years. Furthermore, the said application for renewal of the dealership licence was not submitted in prescribed statutory form 'c'.

( 2 ) IN any event, fresh licence was issued to the respondent no. 6 by the Sub Divisional Controller, Pood and Supplies, Kharagpur on April 21, 2005. The Sub Divisional Controller while issuing the aforesaid licence to the respondent no. 6 specifically mentioned in the said licence that the same has been issued as per order of the ADM (G) /dm, Paschim medinipur and District Controller (F and S), Paschim Me



















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