Bhaskar Bhattacharya, J. - (1.) This mandamus appeal is at the instance of the unsuccessful writ petitioners and is directed against the order dated November 25, 2005, passed by a learned Single Judge by which His Lordship dismissed a writ application filed by the present appellants.
(2.) The facts giving rise to filing of the said writ application may be summarized thus: "(a) The appellant No.l is a partnership firm being represented by the appellant No. 2, one of its partners. The appellant No.l carries on business as a wholesale dealer in superior kerosene oil (hereinafter referred to as SKO) having various storage points including the one situated in Metiabruz and also having the required licence for all the storage points separately and has been receiving supply of SKO from Indian Oil Corporation, one of the respondents herein. (b) The grievance of the appellants in the writ application was that the Indian Oil Corporation had illegally curtailed the required quota of the kerosene oil for the supply of the same to the ration-card-holders who are tagged with the appellant No. 1 by virtue of the order passed by the State- respondent in exercise of power conferred under the West Bengal Kerosene Control Order, 1968 ("the Control Order") as amended up-to-date. The writ petitioners complained that the Indian Oil Corporation had no right or authority to curb the quota of an agent, which is fixed by the State-respondent by tagging the ration-card-holders of the area to a particular agent. According to the writ petitioners, although they are entitled to an allotment of 218 KL of the Kerosene oil in accordance with the number of tagged ration-cards determined by the State-respondent, the Indian Oil Corporation has illegality reduced the said quota and has supplied 160 KL of Kerosene oil by which it is not possible for the writ petitioners to supply the Kerosene oil to the ration-card-holders attached to their agency. The writ-petitioners, therefore, prayed for mandamus directing the State-respondent to ensure that the allocation of the SKO is made in conformity with the tagged ration-cards in favour of the writ-petitioners under the Control Order. The writ-petitioners further prayed for a writ in the nature of prohibition, prohibiting the respondents from acting contrary to the provisions of the Control Order and also in violation of the Order dated March 21, 2002 passed by this High Court in a previous writ application.
(3.) The writ application was contested by the Indian Oil Corporation by filing aiffdavit-in-opposition thereby denying the allegations made in the writ application. According to the Indian Oil Corporation, it is not bound by any direction given by the State-respondent as regards allocation of Kerosene oil to its agent. The Indian Oil Corporation contended that the Control Order could not guide the contract between itself and its agents. In other words, according to the Indian Oil Corporation, it has the absolute authority to decide the amount of such allotment to its various agents. The Indian Oil Corporation, therefore, prayed for dismissal of the writ application.;