Case: Ranjit Kumar Murmu Vs. M/S Lachmi Narayan Bhomroj

other hand, learned counsel for the respondent contended that the Principal Secretary and Commissioner of Food and Supplies Department had no jurisdiction to hear an appeal over an order passed by the District Magistrate. 11. In the said circumstances, the questions that arise for our consideration are: (i) Whether the impugned order was passed by the State Government?(ii) If not so, whether the Principal Secretary and Commissioner of the Food and Supply Department has jurisdiction to entertain the appeal against the order passed by District Magistrate. 12. Under paragraph 8 of the Control Order, the Director or the District Magistrate, as the case may be, are vested with the power to refuse to grant or renew a licence following the procedure as mentioned therein. It reads as follows: “8. Refusal to grant or renew license:- The Director, or the District Magistrate, having jurisdiction, may, after giving the agent or the dealer or hawker concerned an opportunity of stating his case in writing and for reasons to be recorded in writing, refuse to grant or renew a license under this Order.” 13. On the other hand, Paragraph 9 of the Control Order deals with the power of Director/District Magistrate for cancellation or suspension of license in case of any malpractice or contravention of any provision of this Order. Paragraph 9 reads as follows: “9. Cancellation or suspension of license:- If it appears to the Director or the District Magistrate having jurisdiction that an agent or a dealer has indulged in any malpractice or contravened any provision of this order or any condition of the license or any direction given under paragraph 12 of the order, he may forthwith temporarily suspend the license;Provided that the agent or the dealer whose license has been so suspended shall be given an opportunity of being heard before cancellation of the license or revocation of the order of suspension of the license finally by an order in writing to be made within 30 days from the date of suspension of the license. The order shall be passed ex parte if the dealer whose license has been so suspended fails to appear at the hearing.” 14. Any person aggrieved by the Order passed under Paragraph 8 or Paragraph 9 of the Control Order may within 30 days prefer an appeal under Paragraph 10, which reads as follows: “10. Appeal – Any person aggrieved by an order passed under paragraph or paragraph 9 of this order may within 30 days from the date of the order, prefer an appeal –a) in Calcutta.i) where the order is passed by the Director of Consumer Goods, Department of Food and Supplies, to the State Government.ii) where the order is passed by any other authorised by the State Government under Clause (d) of paragraph 3, to the Director of Consumer Goods, Department of Food and Supplies, andb) elsewhere;i) where the order is passed by the District Magistrate or the Deputy Commissioner of a District, to the State Governmentii) Where the order is passed by any other officer authorised by the District Magistrate of the Deputy Commissioner of a district under Clause (e) of paragraph 3, to the District Magistrate or the deputy commissioner, as the case may be, of the District”. 15. From the aforesaid provision, it is evident that no appeal lies to the Principal Secretary or the Commission of Food and Supply Department. 16. Paragraph 11 relates to issue of delivery order or permit by the Director or the District Magistrate, which reads as under: “11. Issue of delivery order or permit –(1) The Director or the District Magistrate having jurisdiction may issue a delivery order or permit requiring an agent within his jurisdiction to supply kerosene to –a) a dealer, orb) other person or establishment requiring kerosene for his or its own consumption, in any particular area, if in the opinion of the Director or the District Magistrate, as the case may be, this is considered necessary, orc) an agent.2) No person other than oil distributing company, an agent or a dealer shall transport kerosene or store kerosene or shall have in his possession kerosene exceeding ten liters at a time except under and in accordance with a permit issued by the Director or the District Magistrate having jurisdiction.” 17. The impugned order passed by the District Magistrate, Purulia on 6th October, 2009 cannot be termed as an order passed under Paragraph 8 or Paragraph 9 of the Control Order. In such a situation, no appeal is maintainable under Paragraph 10 before the Principal Secretary or the Commissioner, Food and Supply Department, Government of West Bengal.18. In the present case, the District Magistrate, Purulia passed an order dated 6.10.2009 whereby the quantum of Kerosene Oil allotted per month to respondent got enhanced. By the same order quantum of Kerosene Oil allotted to the appellant got reduced. Even if it is assumed that the order of the District Magistrate was under Paragraph 11 of the Control Order, such an order is not appealable under Paragraph 10 or before the Principal Secretary and Commissioner of Food and Supply Department, Govt. of West Bengal.19. The State has indeed the inherent power to alter or to set aside any order passed by the District Magistrate but it should follow the procedure as prescribed by the law, such an order should be passed by the authority empowered to do so on behalf of the State in the name of Governor of the State.20. From the impugned order passed by the Principal Secretary and Commissioner, Food and Supply Department, it is apparent that the said order has been passed in the capacity of his designated post and not on behalf of the State. 21. Learned counsel for the appellant submitted that the writ petition was withdrawn by the appellant to move before the competent authority. But that does not mean that while withdrawing such case, the Court or any individual can confer jurisdiction upon any authority who otherwise is not so empowered under the Statute.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]17. The impugned order passed by the District Magistrate, Purulia on 6th October, 2009 cannot be termed as an order passed under Paragraph 8 or Paragraph 9 of the Control Order. In such a situation, no appeal is maintainable under Paragraph 10 before the Principal Secretary or the Commissioner, Food and Supply Department, Government of West Bengal.18. In the present case, the District Magistrate, Purulia passed an order dated 6.10.2009 whereby the quantum of Kerosene Oil allotted per month to respondent got enhanced. By the same order quantum of Kerosene Oil allotted to the appellant got reduced. Even if it is assumed that the order of the District Magistrate was under Paragraph 11 of the Control Order, such an order is not appealable under Paragraph 10 or before the Principal Secretary and Commissioner of Food and Supply Department, Govt. of West Bengal.19. The State has indeed the inherent power to alter or to set aside any order passed by the District Magistrate but it should follow the procedure as prescribed by the law, such an order should be passed by the authority empowered to do so on behalf of the State in the name of Governor of the State.20. From the impugned order passed by the Principal Secretary and Commissioner, Food and Supply Department, it is apparent that the said order has been passed in the capacity of his designated post and not on behalf of thethat does not mean that while withdrawing such case, the Court or any individual can confer jurisdiction upon any authority who otherwise is not so empowered under the Statute.