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

2. The relevant facts of the case are as follows:One Purushottam Das Jhunjhunwala was issued with a Kerosene Dealer licence in the year 1997 and was carrying on his business in the name of M/s Lachmi Narayan Bhomroj, as a sole proprietor. Upon his death, his heirs were temporarily allowed to carry on kerosene business under the same name as per the provisions of West Bengal Kerosene Control Order, 1968 (hereinafter referred to as the ‘Controlor about 6th March, 2006, a fresh licence was issued to the partnership firm of the legal heirs of said Purushottam Das Jhunjhunwala (respondents herein) on compassionate ground.Even though the licence was issued on 6th March, 2006, no supply was effected. After much persuasion from the part of respondents the authority allotted a quota of 72 K.L. of Kerosene Oil per month as against the quota of 168 K.L. per month originally allotted to their late father.3. Partners of M/s Lachmi Narayan Bhomroj made representation citing the above matter before the concerned authorities. The Director of Consumer Goods, Food and Supplies Department, Government of West Bengal passed an order on 12th August, 2009 whereby the quota of 168 K.L. of Kerosene Oil was restored in favour of respondents. By virtue of this restoration whilequota got enhanced there was corresponding reduction in the allocation to the appellant.4. Being aggrieved by the reduction of allocation, the appellant filed a Writ Petition No. 899/09 before the Calcutta High Court challenging the order dated 12th August, 2009 which was disposed of by a learned Single Judge on 4th September, 2009 directing the Joint Director of Consumer Goods to hear the matter and take a decision. In an appeal being APOT No. 367 of 2009 against the said order the Division Bench modified the order and directed the District Magistrate, Purulia, the competent authority under the Control Order to hear and pass an appropriate order.5. Pursuant to the aforesaid order, the District Magistrate, Purulia, passed an order dated 6.10.2009 upholding the allocation of monthly quota made to both the agents by Director of Consumer Goods vide letter dated 12th August, 2009.6. Being aggrieved, the appellant preferred a writ petition No.1093/2009 challenging the order of the District Magistrate. When the matter was taken up by the learned Single Judge on 23rd December, 2009, learned counsel for the appellant on instruction withdraw the writ petition to enable the appellant to move departmentally. The writ petition was accordingly dismissed as withdrawn.7. Thereafter, the appellant preferred an appeal to the Principal Secretary and Commissioner Food, Food and Supplies Department, Government of West Bengal whereupon the Principal Secretary and Commissioner Food passed an order dated 8th March, 2010 setting aside the order of the District Magistrate, Purulia with a direction to restore supply of 192 K.L. Kerosene Oil per month in favour of the appellant. It was also ordered to reduce the quota of M/s Lachmi Narayan Bhomroj (respondent) to 70 K.L. Kerosene Oil per month.8. The aforesaid order dated 8th March, 2010 passed by the Principal Secretary was challenged by the respondents M/s Lachmi Narayan Bhomroj and others in Writ Petition No. 365/2010. They questioned the maintainability of the appeal and jurisdiction of the Principal Secretary to entertain such appeal. Learned single Judge by order dated 26th March, 2010 held that the Principal Secretary was not competent to hear the appeal and to set aside the order passed by the District Magistrate. Hence, the writ petition was allowed and the order passed by Principal Secretary was set aside. The aforesaid order has been affirmed by the Division Bench.The relevant facts of the case are as follows:One Purushottam Das Jhunjhunwala was issued with a Kerosene Dealer licence in the year 1997 and was carrying on his business in the name of M/s Lachmi Narayan Bhomroj, as a sole proprietor. Upon his death, his heirs were temporarily allowed to carry on kerosene business under the same name as per the provisions of West Bengal Kerosene Control Order, 1968 (hereinafter referred to as the ‘Controlr about 6th March, 2006, a fresh licence was issued to the partnership firm of the legal heirs of said Purushottam Das Jhunjhunwala (respondents herein) on compassionate ground.Even though the licence was issued on 6th March, 2006, no supply was effected. After much persuasion from the part of respondents the authority allotted a quota of 72 K.L. of Kerosene Oil per month as against the quota of 168 K.L. per month originally allotted to their late father.3. Partners of M/s Lachmi Narayan Bhomroj made representation citing the above matter before the concerned authorities. The Director of Consumer Goods, Food and Supplies Department, Government of West Bengal passed an order on 12th August, 2009 whereby the quota of 168 K.L. of Kerosene Oil was restored in favour of respondents. By virtue of this restoration whilea got enhanced there was corresponding reduction in the allocation to the appellant.4. Being aggrieved by the reduction of allocation, the appellant filed a Writ Petition No. 899/09 before the Calcutta High Court challenging the order dated 12th August, 2009 which was disposed of by a learned Single Judge on 4th September, 2009 directing the Joint Director of Consumer Goods to hear the matter and take a decision. In an appeal being APOT No. 367 of 2009 against the said order the Division Bench modified the order and directed the District Magistrate, Purulia, the competent authority under the Control Order to hear and pass an appropriate order.5. Pursuant to the aforesaid order, the District Magistrate, Purulia, passed an order dated 6.10.2009 upholding the allocation of monthly quota made to both the agents by Director of Consumer Goods vide letter dated 12th August, 2009.6. Being aggrieved, the appellant preferred a writ petition No.1093/2009 challenging the order of the District Magistrate. When the matter was taken up by the learned Single Judge on 23rd December, 2009, learned counsel for the appellant on instruction withdraw the writ petition to enable the appellant to move departmentally. The writ petition was accordingly dismissed as withdrawn.7. Thereafter, the appellant preferred an appeal to the Principal Secretary and Commissioner Food, Food and Supplies Department, Government of West Bengal whereupon the Principal Secretary and Commissioner Food passed an order dated 8th March, 2010 setting aside the order of the District Magistrate, Purulia with a direction to restore supply of 192 K.L. Kerosene Oil per month in favour of the appellant. It was also ordered to reduce the quota of M/s Lachmi Narayan Bhomroj (respondent) to 70 K.L. Kerosene Oil per month.8. The aforesaid order dated 8th March, 2010 passed by the Principal Secretary was challenged by the respondents M/s Lachmi Narayan Bhomroj and others in Writ Petition No. 365/2010. They questioned the maintainability of the appeal and jurisdiction of the Principal Secretary to entertain such appeal. Learned single Judge by order dated 26th March, 2010 held that the Principal Secretary was not competent to hear the appeal and to set aside the order passed by the District Magistrate. Hence, the writ petition was allowed and the order passed by Principal Secretary was set aside. The aforesaid order has been affirmed by the Division Bench.

Reasoning:
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.