P.K.Mukherjee, J. - (1.) This writ petition has come up for final hearing in presence of Mr. D. P. Sengupta appearing on behalf of the State respondents.
(2.) When this writ petition was moved before this court on February 18, 1991, this court passed direction for filing affidavits after passing civil order and directed that the criminal case initiated in the court of the learned Judge, Special Court-II under E.C. Act, Calcutta in G.R. Case No. 2086/91) will continue but no final judgment 'be passed pending disposal of the departmental appeal pending before the Director of Consumer, Goods, being respondent No. 2 and the Director of Consumer Goods, West Bengal, was directed to dispose, of the appeal preferred by the petitioner as quickly as possible preferably within a period of six weeks from the communication of this order passed by this court. Ultimately the Director of Consumer Goods had disposed of the departmental appeal March 11, 1991. The said decision of the appellate authority is quoted herein-below : "In the circumstances, in consideration of the fact that due observation of the requirement of law as per Kerosene Control Order having not been made, and the alleged customers having reported to the shop at a time when it was not supposed to remain open, hence the question of refusal to sell SK. oil does not arise-the cancellation of the licence of the appellant has not been proper, more so, when he was not given the opportunity of being heard properly and the order of suspension was not only communicated to him".
(3.) This court further passed an order to the effect that as the order of cancellation of the licence was revoked by the appellate authority, this court adjourned the hearing of the Writ petition, and directed that the entire matter be taken up for final hearing regarding the quashing of the criminal case being G.R. Case No. 2086 of 1990 pending in the court of the learned Judge, Special Court-II (under E.C. Act), Calcutta. Accordingly, this writ petition has come up for final hearing in presence of the learned Advocate appearing for both the parties.;