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2024 Supreme(Cal) 772

BIVAS PATTANAYAK
West Bengal Kerosene Agents’ Welfare Association – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shyamal Sarkar, Mr. Ramesh Dhara, Ms. Mousumi Choudhury, Advocate
For the Respondent:Mr. Avinash Kankani, Advocate, Mr. Sirsanya Bandopadhyay, Advocate, Mr. Amrita Lal Chatterjee, Advocate

JUDGMENT :

Bivas Pattanayak, J.

1. This writ petition is filed by the petitioners under Article 226 of the Constitution of India for a direction upon respondent nos.1 to 4 to make allocation of kerosene oil to the State of West Bengal considering the per capita requirement on uniform basis at par with other States and not to make any further curtailment in the allocation of kerosene oil to the State of West Bengal.

2. The brief fact of the petitioners’ case in a nutshell is as follows:

    (i) The petitioner no.1 is a trade association of Kerosene Oil Agents appointed by various Oil Companies, who are functioning under licenses granted by the State of West Bengal in terms of West Bengal Control Order, 1968 and is a non-profit organization registered under the West Bengal Societies Registration Act, 1961.

    (ii) The petitioner no.2 is also an agent of an Oil Company and General Secretary of petitioner no.1, the trade association of Kerosene Oil Agents.

    (iii) The allocation of kerosene oil to the State Governments for distribution through Public Distribution System to the designated consumers is made by the Central Government.

    (iv) The issue of allocation of kerosene oil by the Central Government

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