ANIRUDDHA BOSE,J. - (1.) In this writ petition under challenge is an order passed by the Sub-Divisional Controller Food and Supplies, Berhampore, Murshidabad suspending the allotment of certain essential commodities and kerosene oil in favour of the petitioner for distribution through the public distribution system. The petitioner is holder of licence both under the West Bengal Public Distribution System (Maintenance and Control) Order, 2003 as well as under The West Bengal Kerosene Control Order, 1968. Before issuing the order of suspension, notice to show-cause was issued to the petitioner in which allegations were made as regards violation of the provisions of the 2003 Control Order only. The order of suspension was passed on 2nd January, 2012. In a decision of this Court in the case of Tarun Kumar Roy v. State of West Bengal and Ors. reported in 2008(3) CHN 14 , it has been held that such composite show-cause notice cannot be issued and the impugned order dealing with licence under both the Control Orders in that writ petition was quashed.
(2.) In this case, since the petitioner was issued show-cause notice only under 2003 Control Order, I would not interfere with the order of suspension of his licence under the aforesaid Control Order at this stage. His licence under the West Bengal Kerosene Control Order however shall stand restored as there is no allegation of violation of the provisions of the West Bengal Kerosene Control Order against him. As regards the proceeding initiated against the petitioner under 2003 Control Order. I direct the same to be completed within a period of four weeks from the date of communication of this order upon giving the petitioner proper opportunity of hearing.
(3.) In the event any of the consumer in respect of kerosene has been detagged from the petitioner's dealership and attached to some other dealer, such direction shall stand revoked and supply of kerosene oil to the petitioner shall be restored.;