Back
2008 Supreme(Cal) 527
IN THE HIGH COURT AT CALCUTTA
Pratap Kumar Ray and Manik Mohan Sarkar, JJ.
Subodh Chandra Adak - Appellant
Versus
Debendra Nath Ghose & Ors. - Respondents
F.M.A. No. 675 of 2005
Decided On : May 13, 2008
Advocate Appeared:
Mr. Amal Baran Chatterjee, Aswini Kumar Bera, Debnarayan Banerjee and Sailendranath Chakraborty for the Appellant
Mr. Rameswar Bhattacharya and Jayanta Das for the Private-Respondents
Mr. Arabinda Chatterjee for the State
A statutory body must act within the framework of the statute and cannot go beyond the statutory provision.
Headnote:
KEROSENE CONTROL ORDER - LICENCE CONDITION - SHIFTING OF PLACE OF BUSINESS - JURISDICTION - SABONG KHADYA-O-SARABARAHA STHAYEE SAMITY - RECOMMENDATION - VALIDITY: The Sub-Divisional Controller, Food and Supplies, Midnapore, as a delegate of the District Magistrate, lacked the authority and jurisdiction to entertain an application for shifting any place of business as a condition of the license. The Sabong Khadya-O-Sarabaraha Sthayee Samity, a body constituted under the West Bengal Panchayat Act, had no jurisdiction or power to recommend shifting the place of business of a dealer licensed under the West Bengal Kerosene Control Order, 1968.
Fact of the Case:
The appellant, a dealer licensed under the West Bengal Kerosene Control Order, 1968, applied to shift his place of business from Paschimchawk to Ruinan. The Sub-Divisional Controller, Food and Supplies, Midnapore, allowed the application based on the recommendation of the Sabong Khadya-O-Sarabaraha Sthayee Samity, a body constituted under the West Bengal Panchayat Act.
Finding of the Court:
The Court held that the Sub-Divisional Controller, Food and Supplies, Midnapore, had no authority and jurisdiction to change and/or modify any condition of the license, particularly the place of business specified in the license. The Court further held that the Sabong Khadya-O-Sarabaraha Sthayee Samity had no jurisdiction or power to recommend shifting the place of business of a dealer licensed under the West Bengal Kerosene Control Order, 1968.
Issues: 1. Whether the Sub-Divisional Controller, Food and Supplies, Midnapore, as a delegate of the District Magistrate, had the authority and jurisdiction to entertain an application for shifting any place of business as a condition of the license? 2. Whether the Sabong Khadya-O-Sarabaraha Sthayee Samity had the jurisdiction or power to recommend shifting the place of business of a dealer licensed under the West Bengal Kerosene Control Order, 1968?
Ratio Decidendi: 1. The Court interpreted Paragraph-6(2) of the West Bengal Kerosene Control Order, 1968, and held that the conditions of the license could not be changed and/or modified during the pendency of the license, even by resorting to the provision of "such other conditions" mentioned in the second sentence of the said sub-paragraph. 2. The Court relied on the principle of expressio unius est exclusio alterius, which states that if a statute enumerates the things upon which it is to operate, everything else must necessarily and by implication be excluded from its operation and effect.
Final Decision: The Court dismissed the appeal and upheld the impugned order of the learned Trial Judge, which had quashed the order of the Sub-Divisional Controller, Food and Supplies, Midnapore, allowing the shifting of the place of business.
Ray, J.
Heard the learned Advocates appearing for the parties.
2. The matter was fixed at 10.30 a.m. in the morning as specially fixed item. Learned Advocate-on-Record for the appellant prays adjournment on the ground of Mr. Amal Baran Chatterjee, a Senior Advocate of this Court. Time was granted. The matter was fixed thereafter. Again time prayed for. That was not allowed. We heard the learned Advocate-on-Record for the appellant and the learned Advocate for the State-respondent, Mr. Arabinda Chatterjee and the learned Advocate, Mr. Rameswar Bhattacharya', appearing for the writ petitioner/respondent. At 2 p.m. we fixed the matter for judgment. At 2 p.m. Mr. Amal Baran Chatterjee, has appeared to submit further. As the Court initially did not incline to allow such prayer in the first half of our sitting, we heard the matter at length from the Advocate-on-Record appearing for the appellant. Despite such, we allow him to argue. Mr. Chatterjee is asked to answer whether there is any provision under West Bengal Kerosene Control Order, 1968 to pass any decision changing the condition of licence relating to shifting of the place of business which was specified in the licence itself. We have heard Mr. Chatterjee. No direct answer is available.
3. This is an appeal assailing the judgment and order dated 22nd March, 2005 passed in C.O. No. 21142(W) of 1995 by the learned Trial Judge whereby and whereunder the writ application was allowed by quashing and setting aside the impugned order of the writ application passed by the Sub-Divisional Controller, Food and Supplies, Midnapore, being order dated 9th October, 1995 as issued under Memo No. 2193/3(6). The impugned order of the writ applications reads such:-
"Govt. of West Bengal
Office of the Sub-Divisional Controller,
Food and Supplies, Midnapore.
Order
Sri Subodh Chandra Adak, K. Oil big dealer at Paschimchawk prayed for shifting of his business place at Ruinan on Plot No. 418, Int. No. 1192, J.L. No. 283 from Paschimchawk along with the copy of resolution of Sabong Khadya-O-Sarabarah Sthayee Samity dated 20.5.94.
The petition of Sri Adak had been enquired into by S.I. and Area Inspector F & S Sabong. There were some problems relating to distance and selling price at dealer's points.
On the other hand Shri Subha Karan Agarwalla, another K. Oil big dealer, Temathani had raised an abjection in his prayer dated 8.5.95. Again K. Oil dealers’ association Sabong gave same letter dated 11.8.95 stating that such shifting may be beneficial to somebody and may not be to somebody.
Considering all, as above, a reference was made with Sabong Khadya-O-Sarabaraha Sthayee Samity to review the matter and to apprise their views through resolution.
K.O.S.S.S. has taken a resolution on 26.8.95 recommending shifting of business place of Sri Adak and the said resolution has been attested by B.D.O. Sabong and forwarded by Sabhapati, Sabong Panchayat Samity dated 22.9.95. Shifting from Paschim Chawk to Ruinan is allowed on provisional basis as per recommendation of Sabong K.O.S.S.S. an condition that Area Inspector will arrange rearrangement of tagging taking of K. Oil Dealer in such a way that distance factors in respect of K. Oil dealers can be avoided and only willing K. Oil dealers be tagged with the big dealer, Subodh Ch. Adak, at his proposed godown and in such a way the other big dealers may not be affected or retail price of distribution may be the same as it is now. Sri S. Adak is directed to submit storage and Fire/Offensive Licence in respect of his proposed business place at Ruinan by one month.
This is made on provisional basis and without any prejudice to any order of higher authority or any Court of law.
Sd/-
Sub-Divisional Controller,
Food and Supplies,
Midnapore
Memo No. 2193/3(6) Dated 09.10.95"
4. The writ petitioner challenged the said order an the ground that the Sub-Divisional Controller, Food and Supplies, Midnapore had no authority and jurisdiction to issue such order of shifting of the pl
