SAMAPTI CHATTERJEE, J. - (1.) The short point involved in the matter is whether the proceedings could be declared as abandoned when admittedly the authority failed to proceed as per Paragraph-9 of the West Bengal Kerosene Control Order 1968 read with Paragraph-9 (vi) of the West Bengal Kerosene Control Order, 1968, since amended on 3rd November, 2014.
(2.) The petitioners' case in brief is as follows :- The petitioner no.1 is a partnership firm and petitioner no.2 is a member of the petitioner no.1 and carries on business of kerosene oil by virtue of two licenses under West Bengal Kerosene Control Order 1968 by distributing kerosene to the dealers in District of Paschim Midnapore, having three depots at (1) Jhargram (2) Lodhasuli and (3) Kharagpur. On 5th December, 2013 the SCFS, Jhargram directed the petitioners to produce several books of accounts for the period from April 2010 to October, 2013. On 10th January, 2014 the petitioners duly submitted the stock-cum-sale registers for Lodhasuli and Jhargram for the period from April 2010 to December 2013 to the SCFS, Jhargram. On 29th August, 2014 the Director of Consumer Goods issued one order thereby suspending the petitioners' licenses however the said order was withdrawn by the authority. On 2nd September, 2014 the petitioner filed writ petition challenging the said order and memo. The said petition being W.P. No. 25305 (W) of 2014 was disposed of by this Hon'ble Court as the learned counsel appearing on behalf of the State submitted that both the order and memo have been withdrawn by the authority. The petitioners, through their Learned Advocate, requested the concerned authorities to allow the petitioners to continue with their business of kerosene as before. In the afternoon hours, the petitioners' representative went to the office of the Sub-Divisional Controller, Food and Supplies, Jhargram, for allotment to lift SKO. The Director of Consumer Goods, West Bengal, issued a memo informing the District Controller of Food and Supplies, Paschim Medinipur (in short "DCFS") that the show cause notice-cum-suspension order dated 29th August 2014 has been withdrawn and directed the SCFS, Kharagpur and SCFS, Jhargram to start fresh proceedings against the petitioners on charges framed on the basis of purported enquiry report submitted by the vigilance enquiry team from April, 2010 to March, 2013. On 3rd September, 2014 the petitioners' representative again went for allotment to lift SKO, where he was detained for a long time and only at about 6:30 p.m. he was asked to go to the office of the DCFS. However, no allotment to lift SKO was taken place. At about 7:30 p.m. the petitioners' representative reached the office of the DCFS where he was served with three orders all dated 3rd September, 2014, out of three, two were of the SCFS, Jhargram and one was of the SCFS, Kharagpur, whereby the SCFS, Jhargram, suspended the petitioners' licence of Jhargram and diverted the allocation of SKO to other agent and the SCFS Kharagpur suspended the petitioners' licence of Kharagpur. Challenging the impugned orders all dated 3rd September, 2014 the instant writ petition has been filed. Hence, the present writ petition.
(3.) On 10th September, 2014 the Hon'ble Court passed an interim order directing the respondents not to take any step in respect of the impugned notices dated 3rd September, 2014 for a limited period (appears at Page-11 of the Supplementary Affidavit);