S.B.Sinha, J. - (1.) This write application is against the order dated 22.7.96 issued by the Sub-Divisional Controller, F&S, Basirhat, whereby and whereunder the petitioner's application for grant of new kerosene oil retail licence against kerosene oil vacancy at Gacharati under Sankchura-Bagundi Gram Panchayat as contained in annexure 'D' to the write application, was rejected.
(2.) The question, which arises for consideration in this writ application is although short but an interesting one. The said order dated 22.7.96 reads thus : "Sub:-Your prayer, dt. 17.3.93, for a new K.Oil Retail licence against the K.Oil vacancy at Gacharati under Sankchura-Bagundi Gram Panchayat, P.S. Basirhat against this office Notification No. 203(10), dt. 2.3.93. Your aforesaid prayer is hereby considered but rejected by D.M. North 24-Parganas, as your proposed place of business stands within 8 K.M.s away from the Indo-Bangladesh Border. There is a Govt. ban on issuance of licence in essential commodities within 8 K.M.s of Indo-Bangladesh Border."
(3.) It is stated in Affidavit-in-opposition, as annexed a copy of circular letter bearing No. 3397(86)FS dated 17.7.89 to the following effect : "I am directed to state that as a measure of curb clandestine movement of essential commodities crossing the international border it has been decided that untill further order no new wholesalers licences/permits/registration certificates etc. for dealing in essential commodities, which are controlled by this Deptt. will be issued within the 8 K.M. belt of such border without prior approval of the Government. This order, however, would not apply to the issue of licences/permits/registration certificates etc. for filling up of vacancies caused by surrender of a licence/permits, etc. by the holder on medical grounds, or death of the holder of a licence/permit etc. or cancellation of a licence/permit etc. by the Govt.";