B.SARAF,J. - (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioners are aggrieved by the tagging and allotment orders passed by the Sub-Divisional Controller (F&S), Murshidabad, Government of West Bengal dated 8th February, 2019 and 12th February, 2019 respectively.
(2.) The chronological facts of the instant writ petition are as follows: a. The writ petitioners are M.R. cum S.K. Oil Dealers under P.S.: Barwan, Sub-Division Kandi, District - Murshidabad. The writ petitioners along with 10(ten) other kerosene oil dealers of that district were tagged to Smt. Haridasi Saha, a S.K. Oil Dealer in bulk supply to take their allotted quota of kerosene oil from Smt. Haridasi Saha. b. On 3rd November, 2014 the West Bengal Kerosene Control Order, 1968 was amended [hereinafter referred to as "amended Control Order"] and the new law stated that S.K. Oil Dealers would be required to collect their allotted quota of kerosene oil only from the S.K. Oil Agents. c. In the meanwhile, the Association of S.K. Oil Dealers in Bulk Supply filed a writ petition challenging the said amendment to the West Bengal Kerosene Control Order, 1968, being W.P. No. 32250 (W) of 2014. A Co-ordinate Bench of the High Court passed an order dated 21st January, 2015 and directed as follows: "In the event the licenses of the members of the association lapse and such members apply for renewal prior to the date of lapse, then the position as on date, so far as the subsisting licenses of the petitioners' members are concerned, shall remain undisturbed and no step shall be taken which is normally taken in the event of lapse of licenses for such members." d. Furthermore, the above order was extended until further orders by an order dated 17th August, 2015. The above writ petition remains pending before the High Court. e. The Food and Supplies Department, Government of West Bengal issued a memorandum on 2nd June, 2017, directing all the District Magistrates as follows: "It has been further decided that the facility of renewal of license is extended to members of the association only. The concerned District Magistrate/SCF&S may take immediate steps to stop the allocation to non-members SK Oil dealer in bulk supply and allot the same with the nearest SK Oil Dealer in bulk supply, inasmuch as the order of the Hon'ble High Court extends only to the members of the Association." f. Another memorandum dated 10th October, 2017, was issued by the Food and Supplies Department, Government of West Bengal to the District Controller of Food and Supplies directing as follows: "As such, I am also directed to request you to keep the tiered tagging, i.e. tagging of ration card holders with the respective retail dealers, retail dealers with the dealers of bulk supply (where they exist) and tagging of the latter with the SK Oil Agents, as reported in July-August 2017, strictly unchanged so as to avoid any infirmity in the supply chain. In the event of any need for realignment of such tagging at any level, a proposal may be sent to this Directorate for concurrence of the Director of Consumer Goods, prior to giving effect to such realignment." g. On 31st January, 2019, Smt. Haridasi Saha passed away. Thereafter, immediately after the death of Smt. Haridasi Saha, the writ petitioners along with 10(ten) other members of M.R. cum K. Oil Dealers made a representation to the District Controller F&S, Murshidabad dated 4th February, 2019, stating that they should be allowed to take their allotted quota of kerosene from the S. K. Oil Agent namely Khimraj Murati instead of a Big Dealer M/s Ghosh Brothers [hereinafter referred to as "private respondent no. 7"]. The said representation was then forwarded to the Sub-Divisional Controller (F&S), Kandi on 5th February, 2019, requesting to take necessary action on urgent basis. h. The Sub-Divisional Controller (F&S), Kandi issued the tagging order dated 8th February, 2019, to M/s Ghosh Brothers directing as follows: "You are hereby ordered that, due to death of the S.K. Oil dealer (bulk supplier) Haridasi Saha at Andi under Burwan Block, as intimated by Area Inspector (F&S) on 31.01.2019, all DRCs presently tagged with s.k.oil dealer (bulk supplier) Late Haridasi Saha is hereby temporarily tagged with the s.k.oil dealer (bulk supplier) M/S Ghosh Brothers at Andi of Burwan Block until further order vide West Bengal Kerosene Control Order, 1968. You are hereby directed to supply the S.K.Oil directly to the tagged retail s.k.oil dealers immediately for smooth running of PDS." i. On 12th February, 2019, the Sub-Divisional Controller (F&S), Kandi issued the allotment order in favour of M/s Ghosh Brothers (Bulk Dealer) tagging DRC of Late Haridasi Saha. j. Hence, this writ.
(3.) Mr. Debabrata Saha Roy, Counsel appearing on behalf of the petitioner submits before the court that according to the condition of license and provisions of the amended Control Order, the petitioners are entitled to lift their allotted quota of kerosene oil from S. K. Oil Agent and in no manner can they be forced to lift kerosene oil from any other dealer, holding a similar license as that of the writ petitioners. Mr. Roy further submits that after the amendment of the West Bengal Kerosene Control Order, 1968, there is no existence of so called "Big/Bulk" S.K. Oil Dealer anymore.;