ANIRUDDHA BOSE,J. - (1.) The writ petitioner, who was a dealer under the West Bengal Public Distribution System (Maintenance and Control) Order, 2003 is aggrieved as his appeal against the order of termination which he filed on 19th December, 2011 has not yet been disposed of. The prescribed time for disposal of the appeal, being 45 days, has already lapsed. In the Control Order however there is no provision to the effect that upon lapse of the prescribed period of 45 days, the appeal shall be deemed to have been allowed. In my opinion, the time prescribed for conclusion of appeal is a directory provision, but the authorities ought to adhere to the time limit as far as possible.
(2.) In these circumstances, I choose to dispose of this writ petition by directing the appellate authority to take a decision on the appeal filed by the petitioner within a period of four weeks from the date of communication of this order upon giving the petitioner opportunity of hearing.
(3.) Until decision is taken by the appellate authority in this matter, vacancy in respect of dealership of the petitioner shall not be declared. After the appellate authority takes decision, appropriate steps may be taken by the Food and Supplies Department in accordance with law.;