WP(C) 3042/2002 BEFORE HON’BLE MR JUSTICE B.P.KATAKEY Heard Ms B. Nath, learned counsel for the petitioner and Mr B. Choudhury , learned state counsel appearing for the respondents. The petitioner, who is the sub-wholesale dealer of SK oil, pursuant to t he licence granted to him under the provisions of the Assam Distribution of Arti cles Order, 1982, by the present petition has challenged the decision of the Dep uty Commissioner, Barpeta as reflected in the order dated 19.4.2002 whereby and where-under the quota of SK oil earlier allotted to him has been reduced to 29.8 kilolitres from 32 kilolitres. According to the petitioner, he was earlier allotted 33 kilolitres of SK oil, which was subsequently reduced to 32 kilolitres. Thereafter, by the impugn ed order dated 19th April, 2002, the authority has further reduced the same to 2 9.8 kilolitres without assigning any reason whatsoever, though he has the capaci ty to store more than 32 kilolitres. Petitioner, therefore, has challenged the s aid order reducing the quantity of SK oil allotted to him being a sub-wholesale dealer. No affidavit-in-opposition has been filed, though the Rule was issued vi de order dated 16.5.2002 and an interim order was also passed allowing the respo ndents to file application for modification/cancellation of the interim order. N o such application for modification of the interim order has also been filed. Th e interim order is still in force. Allotment of SK oil depends on the availability of such oil as well as t he number of sub-wholesale dealers appointed. This Court, in the absence of adeq uate materials is not in a position to record any finding as to whether the redu ction of quantity allotted to the petitioner is justified or not. In view of the above, the present writ petition is disposed of with a di rection to the Deputy Commissioner, Barpeta to consider afresh the case of the p etitioner for allotment of SK oil, depending upon the number of sub-wholesale de alers appointed as well as the quantity of SK oil allotted by the government in respect of the Barpeta district. Such consideration shall be made within a perio d of one month. Upon such consideration, the Deputy Commissioner shall pass a sp eaking order, which shall be intimated to the petitioner. Writ petition is accordingly disposed of. No costs.