Sujit Barman Roy, J. - (1.) By this writ petition, petitioner has, inter alia, prayed for writ of mandamous or any other appropriate writ, order or direction commanding the respondents not to curtail quota of kerosene supply to petitioner as fixed by the Sub-Divisional Controller, Food and Supply, Alipurduar and the District Controller, Food and Supply, Jalpaiguri from time to time.
(2.) Case of the petitioner in short is that he is the proprietor of M/s. Kiran Agency. Pursuant to an agreement dated 1.3.1984 between the petitioner and respondent No. 5 being the Indian Oil Corporation Ltd., petitioner was appointed as kerosene dealer for Alipurduar. After the petitioner was so appointed as dealer of kerosene for Alipurduar, he applied before appropriate authority for granting him licence under the provisions of West Bengal Kerosene Control Order, 1968 so that he may carry on his business as kerosene agent of the said oil distributing company i.e., Indian Oil Corporation Ltd. para 3(a) of the said order defines "Agent" to mean a person who is appointed as an agent of Oil Distributing Company by such Company and has been granted a licence under para 5 thereof to carry on business of kerosene agency. Soon thereafter the Director of the consumer goods, Govt. of West Bengal granted necessary licence in favour of the petitioner under para 5 of the said order to carry on business of kerosene agent within the meaning of para 3 thereof. Said licence was renewed from time to time. Be there as it may, said licence is valid up to 31.3.2001 due to renewal granted from time to time. Various terms and conditions as stipulated in the said licence are quoted hereunder:- "1. The licensee may sell kerosene to any licenced dealer or to the holder of any permit or delivery order issued by the Director. 2. The licensee shall submit to the Director in Calcutta or to the District Magistrate elsewhere a monthly statement showing the amount of kerosene released monthly by the Oil Distributing Companies for sale in each of the areas mentioned on this li- cense and shall be bound to report at once to the said office and changes in these quantities which he may have to make by order of the Oil Distributing Companies. 3. As long as the licensee has stocks of kerosene released by the Oil Distributing Companies for a particular period left in his possession, he shall not during that period refuse to sell kerosene oil to any licensed dealer or to the holder of any permit or delivery order issued by the Director in Calcutta and the District Magistrate. 4. The licensee, whenever he makes a sale, shall enter the name and address of his firm, the date of sale and the quantity of kerosene sold on the back of the license and shall sign such entries. 5. (a) The licensee shall maintain daily accounts in registers as may be prescribed by the Director. (b) The licensee shall submit to the Director in Calcutta or to the District Magistrate elsewhere a monthly abstract of registers in such form as may be specified by the Director. 6. The licensee must grant a printed cash memo for every sale. 7. The licensee shall exhibit prominently in front of his depot a board stating:- (a) the fact that he is a licensed agent, and (b) the schedule of maximum prices of kerosene fixed by the proper authority. 8. the licensee sells in tins, he shall sell in full tins equivalent to standard quantity of 18.5 Its. 9. The licensee shall comply with the provisions of the West Bengal Kerosene Control Order, 1968."
(3.) On perusal of the terms and conditions as stipulated in the said license and the agreement it appears to me that no one fixed quota of kerosene supply to the petitioner. In fact in paragraph 9 of the writ petition it was specifically pleaded by the petitioner that "the Indian Oil Corporation did not fix any quota and that it is regularly supplying kerosene sometimes more than 150 kls., some- times less than 250 kls ......." Further case of the petitioner, as pleaded in para graph 10 and elsewhere of the writ petition, is that "in view of practice and procedure" Indain Oil Corporation supplied petitioner with kerosene as per direction issued by the Director of Consumer Goods or the quota fixed by the Sub-Divisional Controller, Food and Supply.;