- (1.) This appeal is directed against a judgment and/or order dated 4th October, 2010 passed by the Hon'ble Single Judge in W.P. No. 1198 of 2010 whereby the Hon'ble Single Judge at the ad- interim stage was pleased to grant an order of injunction restraining the respondent from withholding the floor mill of the petitioner after giving liberty to the respondent to proceed with the investigation/enquiry initiated pursuant to the show-cause notice issued by the respondent/ appellant herein dated 25th August, 2010. The facts of the case briefly are as follows:
(2.) The writ petitioner/respondent owns and operates a flour mill at Uttar Dinajpur. THE mill of the petitioner was selected for sub- allocation of below poverty line wheat per month for conversion into fortified atta for packing the same into 750 gm. packets An agreement was executed by the State of West Bengal represented by the District Controller of Food and Supplies, Uttar Dinajpur and the petitioner No. 1/ respondent No. 1 herein. The facts revealed that a show-cause notice dated 25th August, 2010 was issued to the petitioner alleging that the petitioner had been supplying hand packed atta instead of packing done by automatic or semi-automatic packaging machines in utter violation of the departmental guideline. The writ petitioner/respondent herein gave a detailed reply to the show-cause notice by a letter dated 30th August, 2010. It is pointed out that the mills own eight automatic packing machines of 'Allpack Industries' which had been purchased by the writ petitioner as per the conditions set by the Food Department. All the automatic packing machines were in working condition.
(3.) It is further stated that in addition to the said eight packing machines the writ petitioner's company owned four semi-automatic packing machines which had been purchased from R.M. Industrial Corporation which were also in running and operating condition. In these circumstances, the interim order was passed by the Hon'ble Single Judge.;