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Calcutta High Court (Appellete Side)

Limited) And Anr vs The State Of West Bengal & Ors on 13 June, 2023

Author: Bibek Chaudhuri

Bench: Bibek Chaudhuri

Item No.02.
13.06.2023
  suman
   Ct.42


                         WPA 12106 of 2023

               Goal Bio Oil (a Unit of Goal Gas Private
                    Limited) and Anr.
                                 Vs.
                 The State of West Bengal & Ors.


              Mr. K. Jaweed Yusuf
              Mr. K.I. Yusuf
              Mr. Arshed Hussain
               ..for the petitioners

              Mr. Sirsanya Bandopadhyay
              Mr. Arka Kumar Nag
                     ..for the State

              Mr. Asok Bhaumik
                    ..for the respondent No.4

Affidavit of service be kept with the record. At the outset, learned advocate for the State respondent submits that the instant writ petition has been filed by the petitioner being aggrieved by the continuous silence or inaction or arbitrary act of non-disposal of the applications/letters dated 31st January, 2020 and 21st October, 2022 by the respondents thereby denying the petitioner's prayer to sell and manufacture of biodiesel in the State of West Bengal.

It is submitted by the learned advocate for the State showing the Gazette Notification issued by the Ministry of Petroleum and Natural Gas, Government of India on 8th June, 2018 that biodiesel is defined in clause 3.2 (ii) of the State Government Order in the following order:-

"(ii) 'biodiesel': a methyl or ethyl ester of fatty acids produced from non-edible vegetable oils, acid oil, used cooking oil or animal fat and bio-oil."

Next he draws my attention to Section 2 A of the Essential Commodities Act, 1955 which defines essential commodity as a commodity specified in the schedule. The schedule delineates the following articles as essential commodities:-

"(1) drugs.

Explanation:- For the purposes of this Schedule, "drugs" has the meaning assigned to it in clause

(b) of section 3 of the Drugs and Cosmetics Act, 1940 (23 of 1940);

(2) fertilizer, whether inorganic, organic or mixed;

(3) foodstuffs, including edible oilseeds and oils; (4) hank yarn made wholly from cotton; (5) petroleum and petroleum products; (6) raw jute and jute textiles;

(7) (i ) seeds of food-crops and seeds of fruits and vegetables;

(ii) seeds of cattle fodder; and

(iii) jute seeds.

Biodiesel does not fall within the essential commodities in view of Section 2A read with the schedule of the said Act. Therefore, it is submitted by the learned advocate for the petitioner that the instant writ petition ought to have been filed under Group IX. The learned advocate for the petitioner has on principle accepted such submission made by the learned advocate for the State. In view of such circumstances, the record of the instant writ petition be assigned before the Hon'ble the Chief Justice through His Lordship's Secretariat to place the matter before the competent Bench at the earliest.

(Bibek Chaudhuri, J.)