Jain Petrol Supply Company And Ors. vs State Of Jharkhand Through Its Chief ... on 23 September, 2004
7. The first question is whether the amount of commission illegally realized by the petitioners can be recovered by the respondent-State. So far this question is concerned, as noticed above, while declaring the realization of the said amount by the petitioners illegal, this Court held in the case of All India Kerosene Oil Dealer Federation v. State of Jharkhand, (supra) that the Deputy Commissioners of the concerned district shall be entitled to take action against those dealers for the recovery of the amount which have been illegally paid or collected by them. Therefore, there is no need to decide the question again. The only question, therefore, that needs consideration is whether the amount of commission can be recovered as public demand.