NEMAI ENTERPRISES Vs. JOYDEV KUMAR SEN
LAWS(CAL)-2012-5-155
HIGH COURT OF CALCUTTA
Decided on May 18,2012

NEMAI ENTERPRISES Appellant
VERSUS
JOYDEV KUMAR SEN Respondents

JUDGEMENT

- (1.)Instead of taking up the stay petition we heard out the appeal and disposed of the same. We have heard the learned Counsel for the parties and it appears to us that an application was filed by the writ petitioner praying for an interim order of filling up the vacancy of Modified Rationing Distributor (hereinafter referred to as 'M. R. Distributor') of Sirkabad under Arsha Block, District Purulia. The writ petition was filed by the writ petitioner challenging the appointment of respondent No. 8 as the M. R. Distributor in respect of the said distributorship. It appears to us that licence which was granted in favour of the respondent No. 8 expired during the pendency of writ petition. The writ petitioner filed the application in the said writ petition on an apprehension that the said vacancy may be filled up by the State Authority permanently during the pendency of the application.
(2.)It is stated on behalf of the respondent No. 8 that the licence of the said distributor has already been surrendered to the State upon resolution of the partnership firm.
(3.)After hearing the parties the Court passed an interim order restraining the respondent authority from filling up the vacancy in respect of the said distributorship without the leave of the Court.


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