- (1.) By this writ application, the petitioner No. 1, an agent of S. K. Oil under the West Bengal Kerosene Control Order, 1968 (hereinafter referred to as "the Control Order") along with its two partners have challenged a suspension-cum-show cause notice dated December 10,2003 issued by the Director of Consumer Goods, West Bengal and also a subsequent order dated January 9,2004 passed by the said Director cancelling agency-licence of the petitioner No. 1 in exercise of power conferred by paragraph 9 of the Control Order.
(2.) Initially, the grievance of the petitioners was twofold.
(3.) First, the Director of Consumer Goods, West Bengal, is not vested with the authority to cancel an agency-licence in the District of Purulia and it is for the District Magistrate of the District to take the appropriate decision. Secondly, even if, it is assumed for the sake of argument that the said Director has such power, the purported order dated January 9,2004 having been communicated to the petitioners by fax on January 30, 2004, i.e. beyond 30 days from the issue of order of suspension dated December 10, 2003, was liable to be set aside.;