Arindam Sinha, J. - (1.) Mr. Kar, learned Senior Advocate appears on behalf of the oil companies and files three affidavits on behalf of each of them. He submits, apprehension expressed on behalf of petitioners and recorded in order dated 19th December 2018 stands allayed by statements in these affidavits. Writ petition be disposed of on record of submission in said order dated 19th December, 2018 read with statements in the affidavits. Mr. Dasgupta learned advocate appears on behalf of Union of India and submits, the writ petition can be disposed of.
(2.) Mr. Mookerjee, learned Senior Advocate appears on behalf of petitioners and submits, his clients have an entirely different case as had been submitted by Mr. Kar and recorded in said order dated 19th December, 2018. There is the question of commercial viability. Members of his client association are also apprehensive that when they number 2535 dealerships in the State if another 2,500 are added, existing dealers even if they are given agreed supply may not be able to sell it.
(3.) Petitioners had contended as they did on 19th December, 2018. Text of order of that date is reproduced below :- "Mr. Bandyopadhyay, learned Senior Advocate appears on behalf of petitioners who are the association of retail outlet dealers of the oil companies. He submits, 2535 already appointed dealers are members of this association. By several notices the three oil companies have invited applications for appointment of further 2500 retail outlet dealers in the State. Last date for submission of applications is 24th December, 2018, hence urgency for him to seek interference for his clients. He refers to Office Memorandum dated 19th January, 2012 issued by Government of India, Ministry of Petroleum and Natural Gas disclosing committee report on Retail Outlet Dealer Commission. He demonstrates from the report, operating costs are based on operation of a retail outlet with standard average 'thru put' constituting a combination of highspeed diesel and motor spirit. Members of his client's association are apprehensive, with further appointments being made, this minimum supply will be affected hence even operating costs will not be achieved. Mr. Kar, learned Senior Advocate appears on behalf of the oil companies and submits, case in writ petition is entirely different. The Commission was appointed for resolving various issues raised by retail outlet dealers of oil marketing companies regarding, inter alia, fixation of dealer commission and feasibility of dealer commission as fixed percentage of invoice value of petrol and diesel. He, however, submits, short adjournment be granted for his client to confirm by affidavit, agreed minimum supply quantity of each and every existing retail outlet dealer will be available for being lifted in spite of fresh appointments contemplated. There will be no capping of quantities below agreed supply quantity. Apprehension of existing dealers is unfounded. Affidavit is to be filed on adjourned date. List on 21st December 2018 marked at 2 p.m.";