- (1.) In this Writ Petition, the Petitioners pray for a Declaration declaring that Clause 1.5 of the Policy Guidelines dated 1.12.2008 (page 87 of the Writ Petition) be declared to be contrary to the provisions of the Indian Partnership Act, 1932 (hereinafter referred to as the 1932 Act) The Petitioners further pray for the issuance of a writ of mandamus Directing the Respondent Nos. 1 and 2 to renew the licence of the Petitioner No. 1 under the West Bengal Kerosene Control Order 1968. They further pray that the Respondent Nos. 4 to 7 be Directed to allow the reconstitution of the Firm (Petitioner NO. 1) in terms of the Partnership Deed dated 24.11.1989 (Annexure-P/1). The Petitioners further pray that the Respondents be Directed to extend the validity of the Token which was issued against their Application for renewal of the licence. They have also prayed that these Respondents be restrained from refusing to supply Kerosene Oil after 14th June, 2010 and allow them to continue with their business till reconstitution of the Firm.
(2.) The facts of this case are that the Petitioner No. 1 (M/s. Shree Niwas Ramgopal) was a Partnership firm of one Kanhaiyalal Santhalia (now deceased) and it was engaged in the business of Kerosene. It was appointed as a Dealer by M/s. Indian Oil Corporation Ltd. Subsequently, Kanhaiyalal Santhalia inducted the Petitioner Nos. 2 and 3 (Gobind Santhalia and Ramesh Santhalia) as partners on the basis of a Partnership Deed dated 24.11.1989 which was approved by the oil Company by its letter dated 8.6.1990.
(3.) It is stated that the partners of the Petitioner No. 1 entered into an Agreement with M/s. Indian Oil Corporation Ltd. for dealing with the business of Kerosene Dealershipin Dhulian, Murshidabad, West Bengal vide Annexure-P/2. They obtained necessary licences including licence No. AGT/Jangi/190 under the West Bengal Kerosene Control Order, 1968 (Anenxure-P/3).;