RADHABALLAV KHITISH CH SAHA AND ANR Vs. UNION OF INDIA AND ORS
LAWS(GAU)-2018-4-52
HIGH COURT OF GAUHATI
Decided on April 26,2018

Radhaballav Khitish Ch Saha And Anr Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

Arup Kumar Goswami, J. - (1.) Heard Mr. J.P. Sarma along with Mr. S.K Sarkar, learned counsel for the petitioners. Also heard Mr. S.S. Roy, learned Central Government counsel, appearing for the respondent No.1, Mr. N. Baruah, learned standing counsel, Indian Oil Corporation Limited (IOCL), appearing for the respondent Nos.2, 3, 4 & 5 and Mr. S.R. Baruah, learned State counsel, appearing for the respondent Nos.6 & 7.
(2.) The petitioner No.1 was appointed as a Dealer of the respondent No.2 by a Memorandum of Agreement dated 24.11.1970 for sale of Kerosene/Light Diesel Oil (LDO) within the area of Golakganj in the district of Goalpara, presently falling in the district of Dhubri. The petitioner Firm was reconstituted with 5(five) Partners in the year 1997 and 1(one) Partner having died in the year 2002, presently the petitioner Firm has 4(four) Partners.
(3.) The petitioner Firm was granted a licence under the provisions of the Assam Public Distribution of Articles Order, 1982. It is asserted by the petitioners that the petitioner Firm had an unblemished record for more than 4(four) decades. For the purpose of distribution of Kerosene under the Public Distribution System, the petitioners get its supplies from Bongaigaon Refinery & Petrochemical Limited (BRPL), Bongaigaon. On 24.07.2011, supply of SK Oil was stopped to the petitioner Firm by the respondent No.2. Similar action was taken in respect of 6(six) other Dealers but subsequently, supply was resumed in respect of other 5(five) Dealers barring the petitioner Firm and one M/s N.K. Petroleum, Golagkganj. The Deputy Commissioner, Dhubri, by a WT Message dated 29.08.2011, requested the State Level Coordinator, IOCL (MD) and the Chief Divisional Manager, IOCL (AOD/MD) to allow the petitioners to lift and distribute SK Oil as earlier.;


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