Delay condoned.
Leave granted.
From our order dated 18.2.2008, it appears that Mr. Ranjan Mukherjee,
learned counsel appearing on behalf of the appellants, did not press the special leave
petition in respect of grant of licence for petroleum products. So far as grant of licence
in respect of Kerosene is concerned, it appears that the appellant has pressed its claim
on the basis of being the surviving partner of M/s. P.K. Sahoo. However, the private
respondents are claiming their right to carry out business in Kerosene on the ground
of inheritance.
In view of the rival claims of the parties, we are of the opinion that interest of
justice would be subserved if the Sub-Divisional Officer, Sadar, South, in the District
of Midnapore is directed to decide the aforementioned dispute. We direct
accordingly.
The controversy may be resolved between the parties by the said authority,
without in any way being influenced by the observations made by the authorities as
also by the High Court in their judgments.
The respondent company shall grant licence in terms of the said order.
The impugned judgment is, therefore, set aside and the matter is remitted to
Sub-Divisional Officer, Sadar, South, in the District of Midnapore. The appeal is
disposed of with the aforementioned direction.
(S.B. SINHA)