Debasish Kar Gupta, J. - (1.) The subject-matter of challenge in this writ application is the order dated February 24, 2006 passed by the respondent No. 3 terminating the dispensing pump and selling licence (DPSL) agreement dated April 20, 1997.
(2.) The petitioners were running a retail dispensing pump under the name and style "Kamala Auto Stores" at G. T. Road, Nurkona, District Burdwan on the strength of dispensing pump and selling licence dated April 20, 1997(hereinafter referred to as the said agreement). for sale of petroleum products namely, Motor Spirit, Hi-Speed Diesel etc, produced by the Bharat Petroleum Corporation Ltd.,
(3.) The respondent No. 3 issued a show-cause notice dated August 8, 2005 to the petitioners to show-cause as to why the retail outlet of the petitioners had been found dry of HSD during inspection on August 7, 2005. In reply the petitioners informed the respondent No. 3 on August 13, 2005 that the cause of drying out of HSD on August 7, 2005 was delay in receiving the supply of the product. Thereafter, the respondent No. 3 issued a show-cause notice dated August 23, 2005 to the effect as to why the respondent authority would not take action against the petitioners' dealership for violation of Clause 13a of the said agreement. The above show-cause notice further contended that indent for supplying HSD had been placed by the petitioners on August 8, 2005 and the same was supplied on the same day. On January 30, 2006 the petitioners received another communication from the Assistant Manager, Sales and Engineer, Durgapur of the respondent No. 1 to the effect that during his visit to the retail outlet of the petitioner on January 27, 2006, the above outlet was found dry of Hi-speed Diesel. Subsequently, the petitioners received a show-cause notice dated February 6, 2006 from the respondent No. 3 to show-cause as to why action should not be taken against the petitioners for violation of Clause Nos. 10(b),(j), 13.a(ii), (v), (vii), (viii) of the said agreement dated April 20, 1997 on the basis of facts and circumstances mentioned in the above notice. The petitioner No. 1 as per his communication dated February 14, 2006 informed the respondent authority, of the following ground as the cause of his temporary reduction in placing orders for petroleum products:- (i) The petitioner No. 1 faced a car accident two months ago. (ii) Fifteen days ago fire broke out at his residence due to electric short-circuit and valuable goods were destroyed.;