WP(C) 2691/2000 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. P.J. Phukan, learned counsel for the petitioner and Mr. R.K. Adhikary, learned State Counsel. The petitioner has approached this Court being aggrieved by the order dtd. 03.11 .1998 of the Sub Divisional Officer (Civil), Rangia, rejecting his representatio n to consider his candidature for appointment as a sub whole seller of S.K. Oil under the Assam Public Distribution of Articles Order, 1982(hereinafter for shor t referred to as the Order) at Kendukona under Rangia Sub-Division, Rangia. He earlier instituted Civil Rule No.3740/1996, alleging arbitrary denial of licence for opening a sub-depot of kerosene (S.K. Oil) at the aforementioned place und er Puthimari G.P.S.S. and undue preference exhibited towards Respondent No.6 the rein. This Court by order dtd. 24.08.1998 directed the Sub-Divisional Officer ( Civil), Rangia to consider his application/representation dtd. 01.11.1994 for a licence of sub-depot of kerosene (S.K. Oil) at Kendukona under Puthimari G.P.S.S . As this authority by the order dtd. 03.11.1998, as above declined to accede t o his request, he has returned to this Court with the instant petition. The petitioner in his additional affidavit filed on 23.02.2011 has brought on records the intervening developments having a bearing on the issue seeking adjud ication. It has been averred that meanwhile, through, communications dtd. 06.02 .2001 and 10.03.2001 issued from the office of the SDO (Civil), Rangia amongst o thers, the Commissioner and Secretary, Food & Civil Supplies Department has been apprised that the S.K. Oil sub-depot at Kendukona is presently unmanned as the Respondent No.6 who had been earlier allotted the same, had shifted therefrom. T he SDO (Civil), Rangia, who is incidentally the licencing authority, by his orde r dtd. 12.08.2004 had also opined that in view of the above development the peti tioner’s request for being appointed as a sub-wholesale licencee of S.K. Oil ( Blue Dyed) thereat under the Order may be accepted subject to fulfillment of the criteria laid-down by the Govt. of Assam in the Food & Civil Supplies Departmen t. According to the petitioner. No Objection Certificate dtd. 14.12.2004 has al so been issued by the office of the Deputy Commissioner, Kamrup following which he has deposited the licence fee through a treasury challan on 07.03.2005. His grievance is that inspite of the communication dtd. 28.03.2005 of the District M agistrate, Kamrup requiring the S.D.O. (Civil), Rangia to take necessary steps, there has been total inaction on the part of the latter authority. Documents in support of the above statements have also been appended to the affidavit. Mr. Phukan has argued that having regard to the intervening developments and the clearance accorded by the Sub-Divisional Officer (Civil), Rangia as well as no objection certificate dtd. 14.12.2004 of the Deputy Commissioner, Kamrup there i s no justifiable reason for the passivity on the part of the concerned responden t authority and that therefore, an appropriate direction ought to be issued to r edress the petitioner’s grievance. Mr. Adhikary, on the other hand has argued that in the facts and circumstances o f the case, instead of such a direction, the matter may be left to the concerned State authority to take an appropriate decision. Upon hearing the learned counsel for the parties and on a consideration of the p leaded facts and the documents on record, it is considered appropriate to close this petition having regard to the averments made in the affidavit dtd. 23.02.20 11 with a direction to the Sub-Divisional Officer (Civil), Rangia to act in coor dination with the District Magistrate, Kamrup and cause necessary steps to be ta ken for issuance of the sub- wholesale licence of S.K. Oil (Blue Dyed) in favou r of the petitioner adhering to the requirements of the Order, if there is no ot her impediment in law. As the petitioner waits in expectation, the process, as above, should be completed within a period of 4(four) weeks from the date of rec eipt of the certified copy of this order. Ordered accordingly. No costs.