- (1.) The Petitioner No. 1 is a Partnership firm and the Petitioner No. 2 is its partner. They have been carrying on business as Agents of M/s. Hindustan Petroleum Corporation Ltd. According to the Petitioners, they were granted a licence issued by the authorities under para-5 of the West Bengal Kerosene Control Order, 1968. A licence issued as such, remains valid till 31st December of each year and therefore, the Petitioners were required to submit successive applications for renewal. In December 2001, the Petitioners filed an Application for renewal of their licence for the period January 2002 to 31st December, 2002 and as a token of having received the said Application as well as during the pendency of the renewal, the authorities issued a Token which, for all practical purposes, was used to carry on the business without any break. The Petitioners have relied upon Annexure-P in support of such contentions.
(2.) During the pendency of the said Application, the Respondent No. 3, however passed an Order on 28.1.2002 cancelling the licence on the allegation that the Petitioners were not lifting the allotted quota on time. Being aggrieved, the Petitioners filed an Appeal under para-10 of the aforesaid Control Order of 1968.
(3.) Since the Appeal was not being disposed of , the Petitioners filed a Writ Petition being W.P. No. 1964 of 2002 before this Court and by an Order dated 24.9.2002, the said Writ Petition was disposed of vide Annexure-P/1 by directing the Appellate Authority to dispose of the Appeal by a reasoned Order. Thereafter, the Appeal itself was dismissed by the Appellate Authority and therefore, the Petitioners again filed a Writ Petition being W.P. No. 1781 of 2003. By an Order dated 23.3.2004, another Hon ble Single Judge of this Court, allowed the Appeal and quashed the Order passed by the Appellate Authority on 25.10.2002 and directed the Respondents to start supply of kerosene oil within one week from the date of communication of the Order treating the licence as if it had not been cancelled. However, an observation was made to the effect that the said Order would not stand in the way of Respondents in proceeding against the Petitioners afresh in accordance with law. The said Order is Annexure-P/2 to the Writ Petition.;