- (1.) THE petitioner in this writ petition dated December 11, 2008 is aggrieved by the order of the Sub-divisional Controller (F and S) and E. O. Asst. Director, Berhampore, Murshidabad dated December 4, 2008 at p. 42, terminating his licence authorising him to carry on business as a kerosene oil dealer.
(2.) THE proceedings were initiated by the authority by issuing a show cause notice dated November 20, 2008, at p. 40, whereby the petitioner was given an opportunity to explain the allegations made against him. Case of the petitioner is that though by application dated November 26, 2008, at p. 41, he prayed for extension of time by seven days for submitting reply to the show cause notice, the authority rejected his prayer and proceeded to make the impugned order. He has further said that the authority did not give him any opportunity of hearing. Although questioning the impugned order the petitioner was entitled to appeal to the authority named in para 10 of the West Bengal Kerosene Control Order, 1968, he chose to approach the writ Court. Mr Moitra, Counsel for the petitioner, has argued that since the petitioner has alleged patent violation of the principles of natural justice, it should be held that this is a fit case for permitting the petitioner to bypass the statutory appellate authority and approach the writ Court.
(3.) UNDER the circumstances, I passed the order dated January 28, 2009, which is as follows :- "it is necessary to ascertain whether the petitioner applied for extension of time to file reply to the show cause notice and whether the prayer was considered by the authority. It is also necessary to examine whether a reasonable opportunity of hearing was given to the petitioner before his dealership was terminated by the impugned decision. I think it will be appropriate to direct the sub-divisional controller who issued the impugned order terminating dealership to submit an affidavit regarding these two aspects. The question of admission of the writ petition or its final disposal at the admission stage will be considered after such affidavit is filed. The affidavit in terms of this order shall be filed by next Wednesday. Place it on the daily list as 'motion' Thursday week. ";