Samir Kumar Mookerjee, J. - (1.) The petitioner was appointed as M. R. Dealer at Ketugram. Subsequent to such appointment, an agreement was executed by the petitioner and also by the respondent No. 3, Sub-Divisional Controller (F & S), Asansol, on behalf of the Governor of the State of West Bengal. The order passed by the respondent No. 3, cancelling the said agreement with effect from 10/12.11.1981 which is the date of the order, is the subject-matter of challenge in this writ proceeding.
(2.) Mr. Kashikanta Moitra, appearing for the petitioner, has submitted, in the first place, that the impugned order of cancellation is void and inoperative for non-compliance with the terms of Clause 17 of the agreement, under which the same is purported to have been passed. According to Mr. Moitra, Clause 17 imposes an obligation on the respondent No. 3, the cancelling authority, to obtain the approval of the District Magistrate before the order of cancellation was passed. At this point, it is useful to quote Clause 17 of the agreement, which is as follows:- "17. The District Magistrate or the Controller with the approval of the District Magistrate without assigning any reason and without prejudice to the right and remedies of the Government against the retailer may suspend supply of food stuff to the forthwith and cancel this agreement if in the opinion of the Controller which shall be final, the retailer his failed to observe fulfil or perform any of the terms and conditions on the part of the retailer herein contained of to carry out or observe any directions given to the retailers herein contained or to carry out or observe any directions given to the retailer under the provisions of this agreement."
(3.) Mr. Moitra has contended that if suspension of supply to a retailer for his failure to carry out the terms and conditions of the said agreement requires the approval of the District Magistrate, cancellation of the agreement, which is more serious and of greater impact and consequence must be preceded by such approval. Mr. Dutt, appearing for the respondents, has not seriously challenged the necessity of approval of the District Magistrate in the matter of such cancellation but he has contended that, in the instant case, necessary approval for cancellation was obtained and the same would be apparent from the statements made in paragraph 12 of the affidavit-in-opposition, filed on behalf of the respondents, which quoted the contents of the Memo of the District Magistrate, addressed to the Sub-Divisional Controller (Food & Supplies), Katwa, as follows ; - "Sub : Cancellation of M. R. Dealership I am sending herewith a copy of Memo. No. 700/DER dated 18.2.81 received from Superintendent of Police, DEB, Burdwan with request to take action for cancellation of the dealership of Shri Abdul Azim of ketugram".;