IN RE. SAILENDRA NATH MONDAL Vs. STATE

JUDGEMENT

(1.) The writ petition has been filed by one Sailendra Nath Mondal praying, inter alia, for a writ of mandamus to command the Respondents not to give effect to the impugned communication -dated February 7, 1991, issued by the Sub -divisional Controller, Food and Supplies, Kalyani, (Annex. 'C') and to further command the Respondents to replace the Diesel Ration Card by Kerosene Ration Card and for other consequential reliefs.

(2.) It is stated in detail that the Petitioner purchased one Kerosene Oil pump set sometime in the year 1981 and submitted an application before the Sub divisional Controller, Food and Supplies, Ranaghat, through the Block Development Officer, Chakdah and prayed for grant of permit for 300 litres of kerosene oil per month for running his pump set for irrigation purpose of the lands in question under his cultivation. The said application was duly recommended by the Prodhan, Dewuli Gram Panchayat and the Block Development Officer, Chakdah. In view of such recommendation, the Sub -divisional Controller, Food and Supplies, Ranaghat, was pleased to grant permit for 20 litres of kerosene oil per week for running the said kerosene oil pump set. It is further Stated that the Block Development Officer, Chakdah, in the month of December 1990, issued diesel Ration Card to the Petitioner bearing No. 2713 and the grant of kerosene oil card was refused. Allotment of diesel per month was 100 litres. It is stated that the Petitioner did not ask for grant of diesel and there was no reason for rejecting his prayer for kerosene oil. Being aggrieved he has come to the writ Court seeking the relief mentioned above.

(3.) The writ petition is opposed by the State by filing affidavit -in -opposition, sworn by the Respondent No. 5,