M/S. Nirmala Gas Agencies, Bharat Gas Distributor, v. Bharat Petroleum Corporation Limited, Rep. By Its

THE HON'BLE SRI JUSTI CE ABHI NAND KUMAR SHAVI LI WRI T PETI TI ON No.27044 of 2007 ORDER:

This writ petition is filed seeking a writ of mandamus, declaring the action of the 4th respondent in suspending the dealership licence of the petitioner's gas agency, vide orders dated 07.12.2007, without complying with the statutory provisions, as illegal, arbitrary and violate of principles of natural justice.

Heard Sri M.V.Madhurima, learned counsel for the petitioner and the learned Govt.Pleader for Civil Supplies.

It has been contended by the petitioner that she is a licence holder of M/s.Nirmala Gas Agencies and she has been running the dealership without any complaint from any quarter. While the matters stood thus, respondent No.4 has passed the impugned orders, vide Proceedings Rc.No.DSO.CS.1/496/2007, dated 07.12.2007, suspending the dealership of the petitioner pending final action under Clause 28(1) of APPP (L&R.D) Order 1980. The petitioner had preferred appeal against the said suspension orders before the Commissioner, Civil Supplies and when her stay application was not considered, she filed the present writ petition. This court, while admitting the writ petition, was pleased to grant interim suspension of the impugned suspension orders, vide orders dated 24.12.2007. By virtue of the said interim order, the dealership of the petitioner has been continuing.

On instructions, the learned Government Pleader for Civil Supplies has submitted that the appeal preferred by the petitioner before the Commissioner, Civil Supplies, was allowed and the impugned suspension

AKS,J WP_27044_2007 order was set aside during the year 2009, and hence, no further orders are necessary in the present writ petition. He further submitted that presently, the petitioner has been continuing as dealer of her gas agency. In view of the above, the cause in this writ petition does not survive, and the same is accordingly dismissed as infructuous. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed in consequence.

____________________________ ABHI NAND KUMAR SHAVI LI ,J Date: 27.03.2018 Dsr