M.N. Roy, J. - (1.)Paraffin wax (hereinafter referred to as the said product) at all material times was and still is a controlled commodity and the supply and distribution of same is done by or under Paraffin wax (Supply, Distribution and price Fixation) order, 1972 (hereinafter referred to as the said order). The petitioner was and still is a manufacturer of candles and proprietor of Messrs. Monjula Candle Works. Since he was carrying on his business in Small Scale he has been registered under the Cottage and Small Scale Industries Department; Government of West Bengal as Small Scale Industrial Unit or S. S. I Unit It is true that the sole dealer viz the West Bengal Small Industries Corporation Ltd, as appointed by the State of West Bengal, receives the supply of Paraffin wax from the primary producers and from them the S. S. I. Units, in terms of the quota, as allotted. It is also an admitted position that such allotment-of Paraffin Wax, is made subject to the conditions of (i) renewal of Small Scale Industries Registration Certificate, (ii) proper maintenance of relevant records and (iii) keeping of those records and documents ready for inspection.
(2.)The petitioner obtained Civil Rule No. 66 (W) of 1978, claiming inter alia amongst others that the Director, Cottage and Small Scale Industries, on the basis of his requirements of the concerned product and on due and necessary enquiry, allotted a regular monthly quota of 23 bags of Paraffin Wax with effect from April 1975, but such quota of allotment was received up to Oct. 1976 and thereafter the same or the supply has been revoked. The said action, was claimed to be bad and void, apart from being irregular and against principles of natural justice, as before such can collation or withholding of the allotted quota, he was not given due and necessary opportunities; It would however appear that thereafter, by memo dated 9th May 1977, on review, the allotment to the petitioner, at a reduced supply of seven bags of the product for three months was made. The petitioner had claimed, that such review was made neither on his asking nor with notice to him. But in any event, he claimed such fixation of supply at a reduced rate to be void, arbitrary, illegal and irregular. He further alleged that although seven bags as mentioned above, was allotted, yet he was allowed to lift four bags only, and be, after lifting such allotment, duly protested. It would also appear that thereafter, by a communication dated 12th July 1977, the petitioner was informed that further allocation of Paraffin Wax would not be possible, due to in adequate supply and availability of the same The petitioner had also asserted that all his representations for larger supply of the product failed and proved to be futile. He also alleged, with some particulars, that although his quota was curtailed or affected, yet others were getting their usual supply.
(3.)It was also claimed by the petitioner that his claim for the necessary allotment as made earlier or initially, was found to be due and justified on scrutiny, apart from the fact that the authorities concerned, were satisfied with the bonafides of such claim. It was also claimed by the petitioner that on receipt of the initial quota, he made large investments or had acted to his detriment, on the assurance of receiving such initial quota. It was also claimed that the petitioner a throughout continued with the performance necessary for receiving the allotment. He also claimed not to have received on account of his arrear quota. He also claimed the order as impeached to be bad and improper, apart from being illegal and irregular, as the same was not a speaking one and the same was passed mechanically and without the due application of mind.