ANIRUDDHA BOSE,J. - (1.) This writ petition is directed against a proceeding initiated in respect of a dealer appointed under the West Bengal Public Distribution System Maintenance and Control Order, 2003. A proceeding was initiated against him by the Block Development Officer, Haroa, North 24-Parganas by a notice to show-cause issued on 9th November, 2011. The writ petitioner participated in the proceeding and eventually the Sub-Divisional Controller, Food and Supplies Department, Basirhat has passed an order cancelling his dealership licence on 22nd December, 2011. A copy of the order of termination has been made annexure 'P-8' to the writ petition.
(2.) Main submission of Mr. Chatterjee, learned Counsel appearing for the petitioner is that the proceeding was void ab initio since the proceeding resulting in termination of licence cannot originate from a notice to show-cause issued by the Block Development Officer. He has no role to play in relation to the issues of grant, suspension or termination of licence under the aforesaid Control Order. It is admitted position, which is not disputed by Mr. Saha Roy, learned Counsel appearing for the State, that the appropriate authority for issuing such notice to show-cause is the Sub-Divisional Controller, and not the Block Development Officer.
(3.) This being the legal position, I do not think mere participation of the writ petition in the proceeding disentitles him from questioning the validity of the proceeding as well as the order of termination after the latter is issued.;