- (1.) THE petitioner in this writ petition dated June 30, 2008 is questioning the appointment of the seventh respondent, Baruna Bakshi, as a dealer within the meaning of para 3(c) of the West Bengal Kerosene Control Order, 1968 and seeking a mandamus commanding the authorities under the control order to appoint him as the dealer.
(2.) CLAUSE (c) of para 3 of the West Bengal Kerosene Control Order, 1968 provides as follows : "(c) "dealer" means a person who has been granted a licence under paragraph 6 of this Order authorising him to carry on trade in kerosene;". Paragraph 6 of the control order provides as follows. "6. Grant of licence to dealer. - (1) The Director or the District Magistrate having jurisdiction may grant a licence to any person authorising such person to carry on trade in kerosene as a dealer. (2) A licence granted under sub-paragraph (1) shall be in Form B and shall be subject to such conditions as are specified therein and such other conditions as the Director or the District Magistrate having jurisdiction may impose from time to time for the sake of fair distribution of kerosene."
(3.) TO my repeated queries Mr. Hossain, counsel for the State, has said that there is no provision other than the provisions of para 6 of the control order following which the appointment in question was to be made. The appointment was made by the sub-divisional Controller, Food and Supplies, Basirhat.;