SAMIR KUMAR DEB BARMA Vs. STATE OF TRIPURA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed this writ application praying for issuance of an appropriate writ for quashing the impugned Annexure S, memorandum dated 19.12.91 passed by the third respondent and the Annexure W order dated 13.12.91 passed by the second respondent. The petitioner has also challenged Annexure F order dated 5.6.91, by which he was asked to surrender the LPG Distributor Licence granted to him and also the Annexure-M order dated 28.8.91, passed by the third respondent refusing to renew his licence. On 23.12.91 this Court admitted the application and also issued notice on the interim prayer. Meanwhile, the petitioner was allowed to carry on his business as LPG distributor however, without taking away the right of the fourth respondent. The first to third respondent filed a counter affidavit against the interim prayer. Thereafter, the petitioner filed an application for amendment of the writ petition to incorporate the Annexure W order dated 13.12.91 passed by the second respondent (Appellate Authority) rejecting the appeal filed by the petitioner to form part of the writ petition and also to incorporate some more statements mentioned in paragraph 7 to 10 of the amendment petition. The petitioner also filed a rejoinder to the counter affidavit filed by the first to third respondents. This Court, by order dated 11.2.92 after hearing the parties allowed the amendment as prayed for.

(2.) The fourth respondent, i.e. Tripura State Co-operative Consumers' Federation Limited, also filed an objection against the interim order. At the time of hearing on the interim order, counsel for the parties agreed that the entire writ petition could be disposed of at this stage and accordingly the counsel addressed this Court in that light.

(3.) The petitioner claims that he belongs to Tripura Scheduled Tribe Community. He applied for the distributorship in cooking gas (LPG) which granted to him as proprietor of M/s. Tripureswari Gas Agency, IOC (MD) Distributor at North Banamalipur, Agartala. The Licencing Authority, third respondent, granted licence under the provisions of the Tripura Cooking Gas (Licencing, Control and Maintenance of Supplies) Order, 1985 (for short 'the 1985 Order'). On the strength of the licence the petitioner was running his business and his licence was renewed by the third respondent for a period of one year commencing from 1.1.87 to 31.12.87. Thereafter, the petitioner's licence was renewed year to year on his application till 1990. Such renewal of licence, according to him, was a routine procedure. In the year 1990 before the expiry of the period of licence, the petitioner applied for renewal of his licence for the next year, i.e. 1.1.91 to 31.12.91. The original licence was also submitted to the third respondent for renewal. As it was a routine matter, the petitioner presumed that his licence would be renewed for the next year also, and, therefore, he was running his business.