IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9518 of 2005 1. M/S Ramji Prasad Sah, a partnership firm, having its place of business at West Champaran, Bettiah, P.O. & P.S. Bettiah, District-West Champaran through its partner Krishna Kumar Prasad. 2. M/s Basudeo Prasad Gupta, a proprietorship firm having its place of business at West Champaran, Bettiah, P.O. & P.S. Bettiah, District-West Champaran through its proprietor Om Prakash Gupta. 3. M/s Mohan Lal Brijesh Kumar, a proprietorship firm having its place of business at Narkatiyaganj, P.O. & P.S. Narkatiyaganj, District-West Champaran, through its proprietor Brijesh Kumar. 4. M/s Satyanarayan Prasad Agarwal, a proprietorship firm having its place of business at Harinagar, P.O. & P.S. Harinagar, District-West Champaran through its proprietor Satyanarayan Prasad Agarwal. 5. M/s Dinanath Prasad, a proprietorship firm having its place of business at Balthar Sikta, P.O. & P.S.-Sikta, District-West Champaran through its proprietor Dinanath Prasad. ….Petitioners. Versus 1. Union of India through the Ministry of Petroleum and Natural Gas, Government of India, New Delhi through its Secretary. 2. The State of Bihar through the Secretary, Department of Food, Civil Supplies and Commerce Government of Bihar, Patna. 3. Commissioner-Cum-Secretary, Department of Food, Civil Supplies and Commerce Government of Bihar, Patna. 4. District Magistrate-Cum-Collector, West Champaran, Bettiah, District-West Champaran. 5. District Supply Officer, West Champaran, Bettiah, District-West Champaran. ….Respondents. For Petitioners:- (1) Mr. Y.V. Giri, Sr. Advocate. (2) Mr. Raju Giri, Advocate. For Respondents:-Anjum Perveen, AC to SC 3. ----------- 5. 16.08.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This writ petition has been filed for the following reliefs: (i) To issue an appropriate writ/order/direction in the nature of Certiorari for quashing the memo 2 no. 1045 dated 01.04.2003 issued by the respondent Commissioner-Cum-Secretary, Department of Food, Civil Supplies and Commerce, Government of Bihar, Patna whereby and whereunder he has been pleased to stop granting rebate of 1% leakage in respect of kerosene oil to wholesale dealers (as contained in Annexure-7). (ii) To issue an appropriate writ/order/direction in the nature of Certiorari for quashing the memo no. 364 dated 07.08.2003 issued by the District Magistrate, West Champaran, Bettiah, whereby and whereunder it has been directed to realize the amount of 1% leakage which the petitioners have availed for the month of April, 03 to July, 03 from the wholesale dealers and has further been directed to the wholesale dealers and has further been directed to the wholesale dealers and has further been directed to the wholesale dealer not to adjust 1% leakage allowance (as contained in Annexure-9). (iii) To issue an appropriate writ/order/direction in the nature of Certiorari for quashing memo no. 3134 dated 24.09.03 through which instead of 1% leakage allowance only 0.25% leakage 3 allowance has been allowed (as contained in Annexure-10). (iv) To issue an appropriate writ/order/direction in the nature of Mandamus commanding the respondent State Government to restore the 1% leakage allowance to the wholesale dealers of kerosene oil as had been granted to them since 1966. (v) To any other relief or reliefs for which the petitioners is found to be entitled in the facts and circumstances of the case. 3. It transpires that the matter has already been decided by a Bench of this Court vide order dated 25.09.2003 (Annexure- 11) passed in CWJC no. 3862 of 2003 in which it has been specifically held that in spite of all the facts and circumstances, it was still open to the competent authorities in the Government to review the whole matter taking into consideration all the relevant facts and materials including the averments made in the affidavit filed by the respondents and the report of the Director of the P.S.U. to arrive at a proper and appropriate decision. 4. Hence, in the facts and circumstances of this case as well as in view of the aforesaid decision, this Court does not find any reason to interfere into the matter and the petitioner if he so likes, may file an application before the competent authority 4 within fifteen days, which if filed must be decided by the said authority within three months thereafter. With the aforesaid observation, this writ petition is dismissed. Kamlesh (S.N. Hussain, J.)