JAYANTA KUMAR BISWAS,J. - (1.) The petitioners in this WP under Article 226 are questioning an undated order of the District Controller, Food and Supplies, Purulia (at p.48). A copy of the order was forwarded to the petitioners by a memo dated January 17, 2012.
(2.) Relevant parts of the order are quoted below : "In obedience to the interim order of the Hon'ble High Court in w.p.837 of 2011 and also in compliance with the instruction of the Joint Director, Dte. of D.D.P and S, vide memo no.5178/FMR/5A-11/07 dated-30.12.11 the M.R. area of Arsha Block is hereby delinked from M/s. Kundu Enterprises, Kotshila, restoring the tagging position of M/s.P.D.Jhunjhunwala, Purulia which existed prior to issue of the suspension order. In other words the M.R. dealers of Arsha Block be retagged temporarily with M/s. P. D. Jhunjhunwala with direction to maintain separate books of accounts for the Arsha Block. The residual stock, if any lying with M/s. Kundu Enterprises, Kotshila for Arsha Block, accounts should be transferred to M/s. P. D. Jhunjhunwala, Purulia on payment of price. The error vide memo no.-61/DC/FS/PRL dated-11.01.12 due to inadvertence is regretted."
(3.) Mr. Maitra appearing for the petitioners submits as follows. The impugned order has been passed in clear contravention of the order of this Court dated September 8, 2011 (at p.38). In any case, the Joint Director did have any power to direct withdrawal of the dealers from the petitioners for their reallotment to jhunjhunwala. The facts will reveal that instead of punishing the erring jhunjhunwala, the officials of the Food and Supplies Department have actually rewarded the distributor.;