JUDGMENT :

Soumen Sen, J.

Both the appeals involved common question of law and facts are taken up together by consent of the parties and disposed of by this common order.

2. For the sake of brevity, the appellant, M/s. Mahavir Traders, is described as “partnership firm” and Ramesh Kumar Sharma, the appellant in FMA 110 of 2015 is described as “Ramesh”.

3. The genesis of the dispute with regard to the grant of distributorship under West Bengal Distribution System (Maintenance & Control), 2003 (hereinafter referred to as the “Control Order 2003”) by which a fresh licence was issued in favour of the partnership firm reconstituted on 23rd August, 2010.

4. The appellant partnership firm would contend that it was only a renewal of the existing distributorship licence whereas Arunava Sasmal, the writ petitioner in WPA 2946(w) of 2016, would contend that it is a fresh licence.

5. The partnership was originally constituted on 2nd November, 1965 and two supplementary agreements were executed thereafter, the last of which was in September 1979. It appears that prior to 25th October, 2004 the partnership was having only two partners, Sri Omprokash Saksaria and Sri Jagadish Prosad Sharma. The sa