- (1.) This appeal has been preferred by the appellant against the Judgment dated 2nd February, 2012 passed by the Division Bench of the Calcutta High Court in A.P.O.T No.237 of 2010. The Division Bench while dismissing the appeal preferred by the appellant held that the Principal Secretary, Food and Supplies Department is not an appellate authority with respect to an order passed under Paragraph 11 of the West Bengal Kerosene Control Order, 1968 and thereby affirmed the order passed by the learned Single Judge.
(2.) The relevant facts of the case are as follows: One Purushottam Das Jhunjhunwala was issued with a Kerosene Dealer licence in the year 1997 and was carrying on his business in the name of M/s Lachmi Narayan Bhomroj, as a sole proprietor. Upon his death, his heirs were temporarily allowed to carry on kerosene business under the same name as per the provisions of West Bengal Kerosene Control Order, 1968 (hereinafter referred to as the 'Control Order'). On or about 6th March, 2006, a fresh licence was issued to the partnership firm of the legal heirs of said Purushottam Das Jhunjhunwala (respondents herein) on compassionate ground. Even though the licence was issued on 6th March, 2006, no supply was effected. After much persuasion from the part of respondents the authority allotted a quota of 72 K.L. of Kerosene Oil per month as against the quota of 168 K.L. per month originally allotted to their late father.
(3.) Partners of M/s Lachmi Narayan Bhomroj made representation citing the above matter before the concerned authorities. The Director of Consumer Goods, Food and Supplies Department, Government of West Bengal passed an order on 12th August, 2009 whereby the quota of 168 K.L. of Kerosene Oil was restored in favour of respondents. By virtue of this restoration while respondents' quota got enhanced there was corresponding reduction in the allocation to the appellant.;