T. Sen, J. - (1.) In this Writ Petition, the Petitioner prays for an Order commanding upon the Respondents, the Respondent No. 2 in particular (the Joint Secretary, Department of Food and Supplies, Govt. of West Bengal) to grant Transport Rebate as admissible under the different Government Orders which are in force from the new Jalpaiguri Base Depot to Kumai (distribution point of the MR dealer) as per approved distance (132.8 kms.) w.e.f. 19.3.1997 till payment. He has further prayed for an Order commanding upon the Respondents to sanction the ex go down selling rate (extra rate) per quintal for both rice and wheat from the same date. He has also prayed for a direction upon the said Respondent No. 2 to release the outstanding Transport Rebate and/or arrears which remain payable to the Petitioner for having lifted the rationed commodities from the new Jalpaiguri Base Depot to Kumai under the Kalimpong sub -division
(2.) The Petitioner is an MR Dealer (Shop No. 67) and is the sole proprietor running his business in the name and style of "Kumar Brothers". The said Dealership is situated at Kumai, P.S. Garubathan under the Kalimpong sub -division in the district of Darjeeling. The said MR Dealership was initially tagged with the MR Distributorship of one M/s. Goel Brothers, Chunabhatti, P.O. Bagrakote in the District of Darjeeling. The Petitioner used to lift commodities from the said Distributor for distribution to the ration card holders of Kumai. However, the Petitioner has a grievance that the said Distributorship of Goel Brothers did not deliver proper quantities to them for supply to the ration card holders. They also sometimes refused to supply ration commodities in spite of Indents having been passed by the sub -divisional Controller of Food and Supplies.
(3.) The Petitioner has a further grievance that the said Distributorship of M/s. Goel Brothers even dared to go against the indents of the licensing authority and sometimes, went to the extent of cancelling those Indents under their own handwriting and signature on the log book. The Petitioner has a further grievance that in spite of these activities, the Respondent authorities "miserably failed" to take action against such an "influential" Distributorship. On the contrary, the MR shop of the Petitioner was transferred/tagged with a storing Agent at Kalimpong.;