HASNEBANU BEWA Vs. STATE OF WEST BENGAL & ORS.
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL AND ORS.
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Rabindra Nath Pyne, J. -
(1.) The petitioner was appointed as a M. R. Dealer at village Nimgram with the authority of distributing M. R. Articles to the villagers as stated in paragraph 2 of the petition. It appears that by an order dated. January 21, 1982 the Sub-Divisional Controller, Food and Supplies, Lalbagh terminated the petitioner's M. R. Agreement in purported exercise of the power conferred under Clause 18 of the Agreement. The said order does not disclose any reason as to why the petitioner's M. R. Agreement was cancelled.
(2.) Mr. Islam, learned Advocate for the petitioner, has placed three orders : namely, an order passed by G.N. Ray, J., dated July 3, 1981 in re : Dinanath Jana ; an order passed by T.K. Basu, J., dated July 14, 1981 in Civil Order 6795 (W) of 1981 and a decision of Suhas Chandra Sen, J. in Civil Rule 10811 (W) of 1981 reported in AIR 1982 Calcutta, page 546. All the said decisions establish that unless the administrative order is a speaking order and gives reasons, the said order is vitiated. Following the aforesaid decisions, I pass the Civil Order directing the respondents not to give effect to the order dated January 21, 1982, being Annexure 'F' to the petition. The respondents are hereby directed to resume supply of ration articles to the petitioner within seven days from the date of communication of the order to the respondents.
The application is disposed of as above without any order as to costs.;
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