Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | West Bengal Kerosene Control Order |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | West Bengal Kerosene Control Order, 1968 - Paras 8 to 11 - A/location of monthly quota to kerosene oil dealers - Quota allotted to appellant-dealer reduced by the Director of Consumer Goods - Order upheld by District Magistrate - AppealĀ· before Principal Secretary Commissioner of Food and Supply Department which set aside the order of District Magistrate - Jurisdiction of Principal Secretary/Commissioner to entertain the appeal - Challenged - Held: Order passed by District Magistrate, could not be termed as an order under para 8 or 9 of the Control Order and thus, no appeal was maintainable under para 10 of the Control Order before the Principal Secretary Commissioner - Even if the order of District Magistrate was passed under para 11 of the Control Order, such order was not appealable under para 10 or before the Principal Secretary Commissioner - The State has 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 - From the order passed by the Principal Secretary/Commissioner, it is apparent that the order was passed in capacity of his designated post and not on behalf of the State - High Court justified in holding that the Principal Secretary Commissioner was not competent to hear the appeal. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 253 |
Petitioner | Ranjit Kumar Murmu |
Respondent | M/s Lachmi Narayan Bhomroj & Ors. |
SCR | [2013] 4 S.C.R. 263 |
Judgement Date | 2013-04-15 |
Case Number | 7263 |
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